Free Order - District Court of Delaware - Delaware

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Federal Mogul Global, Inc., el nl., (Bankruptcy # 01—10578)(R'I`L)
Debtors.
THE OFFICIAL COMMITTEE OF )
ASBESTOS CLAIMANTS and )
ERIC D. GREEN, as the )
LEGAL REPRESENTATIVE FOR )
FUTURE ASBESTOS CLAIMANTS, )
Plaintiffs, g
v. ; Civil Action No. 05-59 JHR
ASBESTOS PROPERTY g
DAMAGE COMMITTEE, ) —·
Defendant. g
CASE MANAGEMENT ORDER
This matter having come before the Court pursuant to its January 26, 2005 Order
directing the parties to tile a status report as to the readiness for a hearing on Asbestos Claims
Estimation, and the Court having conducted a telephonic status conference held on March 17,
2005, and the Court having considered the parties’ submissions and their proposed schedule
for pretri al proceedings: {L
IT IS HEREBY ORDERED on thisi_Oday of March EDOS, that the pioceedings for
Asbestos Claims Estimation will proceed along the following schedule:
l. On or before April I5, 2005, the Parties to the Asbestos Claims Estimation
hearing shall identify any fact witness whom they intend to call at the Asbestos Claims
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(C W J ` A 2 . t es: =;»- ocument 17 Filed O3/31/20` n i nélge 2 0f 3
Estimation Hearitig. Depositions of any fact witness so identitied may commence
itnmediately thereafter and shall be completed by May 18, 2005.
2. On or before April 26, 2005, parties shall tile with the Court and serve on
opposing parties any additional or supplemental Federal Rule of Civil Procedure 26(a)(2)(B)
expert witness reports in addition to those previously submitted. Rebuttal expert witness
reports shall be tiled with the Court and served on or before May 10, 2005. Expert witness
depositions shall commence on May 11, 2005 and be completed by May 27, 2005.
3. The parties to the Asbestos Claims Estimation Hearing shall tile any motions to
exclude expert testimony on Daubert grounds on or before May 31, 2005, with responses due
June S, 2005. The Court will hear Daubert challenges to expert testimony, if any, on the first
day of trial.
4. The patties to the Asbestos Claims Estimation Hearing shall file their final trial
witness lists, lists of trial exhibits, pre-marked for identification purposes, and pre-hearing -
memoranda, on or before May 31, 2005. The Asbestos Claims Estimation Hearing shall
commence beginning on June 14, 2005 and continue from day to day thereafter until
completed.
5. The Parties shall exchange copies of their trial exhibits on or before
June 8, 2005-
6. Except with respect to the deadlines established in paragraph 4, which shall be
modified only by further order ofthe Court, the parties may agree to extensions or other
modifications of the deadlines set forth herein.
7. This Coturt also will hear all matters ancillary to the estimation hearing, such as
discovery disputes. l
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‘ ‘ ocument 17 Filed 03/31/2 • age 3 of 3
8. Any applications to retain additional professionals in connection with the
Asbestos Claims Estimation Hearing, to the extent required by section 327 of the Bankruptcy
Code and Federal Rule of Bankruptcy Procedure 2014, or to change or modify existing
procedures goveming the retention and payment of professionals or expetts relating to the
Asbestos Claims Estimation Hearing, or to modify limitations or budgetary constraints
imposed on professionals or experts previously retained in connection with the Asbestos
Claims Estimation Hearing, shall be heard by this Court.
S H H. RODRIGUEZ
ni States District Judge
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