Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :05-cv-00041-JHFI Document 12-2 Filed 03/07/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re:
FEDERAL MOGUL ET AL.,
Debtors.
COOPER INDUSTRIES,
Appellant,
v. CIVIL ACTION NO. 05-41 JHR
Bankruptcy Case 01-10578
FEDERAL MOGUL GLOBAL ET AL.,
Appellees.
ORDER GRANTING APPELLANT COOPER INDUSTRIES, LLC 'S
MOTION TO STRIKE PORTIONS OF APPELLEES' BRIEF THAT
(I) ARE NOT SUPPORTED BY THE APPELLATE RECORD
AND/OR (II) ASSERT ARGUMENTS NOT RAISED IN THE
BANKRUPTCY COURT BELOW
Upon consideration of the motion (the "Motion") of Appellant Cooper Industries,
LLC in the above-captioned proceeding, seeking entry of an order to strike portions of
Appellees' Brief that (i) are not supported by the appellate record and/or (ii) assert
arguments not raised in the Bankruptcy Court below; and the Court having considered the
Motion; and due and proper notice of the Motion having been given; it is hereby;

Case 1:05-cv-00041-JHF1 Document 12-2 Filed 03/07/2005 Page 2 of 2
ORDERED that the Motion is granted and approved; and it is further
ORDERED that the following material is stricken from the Appellees'
Brief (D.l. #9): (i) all unsupported factual contentions (a) related to the Pneumo
Abex proof of claim at pages 9, 17, the entirety of section l.C. under the
Argument heading from pages 25 to 27, and page 31; (b) related to the statement,
on pages 18 and 39, that "[p]reliminary reports indicate that a significant number
of individual asbestos claimants on behalf of whom Cooper purports to have
voting rights appear to have already voted in favor of the Plan."; and (c) related to
language Cooper proposed for inclusion in the Debtor's Disclosure Statement
mentioned in the final paragraph of page 24 and continuing on the top of page 25;
and (ii) each new legal argument not raised by the Appellees in the Bankruptcy
Court below (a) contained in section l.C at pages 25 to 27 of the Appellees' Brief
concerning the Pneumo Abex proof of claim; (b) contained in section l.A. at
pages 19 to 22 of the Appellees' Brief concerning Cooper allegedly attempting to
have both an indemnity claim and subrogation rights; (c) contained in section l.B
at pages 22 to 25 ofthe Appellees' Brief concerning Cooper's alleged "conduct"
being inconsistent with a subrogation election; and (d) contained in section
ll.A(2) at pages 32 to33 and 34 to 36 of the Appellees' Brief, alleging that Cooper
failed to comply with the terms of the Bar Date Order.
Dated: , 2005
Camden, New Jersey
z
United States District Court Judge
1093989/2
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