Free Order on Motion in Limine - District Court of Delaware - Delaware

Case 1 :05-cv—00059-JHR Document 66 Filed 07/19/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re; : Bankruptcy No. 01-10578 (RTL)
FEDERAL-MOGUL GLOBAL INC.,
T&N LIMITED, el cu'., :
Debtors. ;
THE OFFICIAL COMMITTEE OF :
ASBESTOS CLAIMANTS and 1
ERIC D. GREEN, as the :
LEGAL REPRESENTATIVE FOR : .
FUTURE ASBESTOS CLAIMANTS, :
Plaintiffs,
v. Civil Action No. 05-59 (JHR) a-
. l,
». ]i
ASBESTOS PROPERTY DAMAGE : ORDER
COMMITTEE, 1
Defendant. _
These matters have come before the Court upon the Official Committee of
Asbestos Property Damage Committee’s Motion in Limine [46] and the Asbestos
Property Damage Committee’s Motion Pursuant t.o Fed. R. Bankr. P. 9023 for New Trial,
Re—Opening of the Record, and Re-Opening of Discovery With Respect to the Basis for .
Non-Malignant Asbestos Personal Injury Claims Against T&N Limited [62] and in .
consideration of the papers submitted by the parties, the arguments heard during the the
five-day Estimation Hearing (June 14-16 and 20-21, 2005), and the Closing Arguments iQ
l
heard on July 14, 2005, which culminated in a ruling from the bench in these matters;
l

Case 1:05-cv—00059-JHR Document 66 Filed 07/19/2005 Page 2 of 2
IT IS THIS l9‘“ day ofJuly, 2005
ORDERED that Asbestos Property Damage Committee’s Motion in Limine [46]
is DENIED as it relates to Dr. Mark Peterson’s consideration and reliance on TDP values
in Peterson’s November 29, 2004 Report titled Turner and Newell, Inc. Projected
Liabilities for Asbestos Personal Injury Claims ("November 2004 Report"); and,
IT IS FURTHER ORDERED that Asbestos Property Damage Committee’s
Motion in Limine [46] is DENIED as it relates to Dr. Peterson’s consideration and
reliance on the book by Geoffrey Tweedale, Magic Mineral to Killer Dust: Tumer &
Newall and the Asbestos Hazard in his November 2004 Report; and,
IT IS FURTHER ORDERED Asbestos Property Damage Committee’s Motion
Pursuant to Fed. R. Bankr. P. 9023 for New Trial, Re-Opening of the Record, and
Re—Opening of Discovery With Respect to the Basis for Non-Malignant Asbestos l
Personal Injury Claims Against T&N Limited [62] is DENIED because the evidence in
controversy could have been, and was, discovered by Defendants before the Estimation
Hearing and does not warrant a re-opening of the record pursuant to Fed. R. Bankr. P.
Q 9023, Fed. R. Civ. P. 59(a), and Compass Technology, Inc. v. Tseng Laboratories, Inc.,
71 P.3d 1125 (3d Cir. 1995).
I
E /S/ Joseph H. Rodriguez
JOSEPH H. RODRIGUEZ
United States District Judge
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