Free Motion for Hearing - District Court of Delaware - Delaware

Case 1:04-cv-01560-JFC

Document 79

Filed 01/05/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: USG CORPORATION, A Delaware Corporation., et al.,
Debtors.

USG CORPORATION, et al., Movant v. OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS, et al. Respondents.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Chapter 11 Jointly Administered Case No. 01-2094 (JKF)

Civil Action No. 04-1559 (JFC) Civil Action No. 04-1560 (JFC)

MOTION OF BARON & BUDD, P.C., FOSTER & SEAR, LEBLANC & WADDELL, LLP AND SILBER PEARLMAN, LLP FOR EMERGENCY AND EXPEDITED HEARING AND/OR TELEPHONIC HEARING ON MOTION TO EXTEND TIME TO COMPLETE DEBTORS' STANDARD QUESTIONNAIRE TO SELECT PERSONAL INJURY ASBESTOS CLAIMANTS TO THE HONORABLE UNITED STATES DISTRICT COURT: Baron & Budd, P.C., Foster & Sear, LeBlanc & Waddell, LLP, and Silber Pearlman, LLP (or the "Movants") respectfully move for an emergency and expedited hearing and/or telephonic hearing on their Motion to Extend Time to Complete Debtors' Standard Questionnaire to Select Personal Injury Asbestos Claimants (the "Motion to Extend Time"), as follows: Background 1. On June 13, September 20, and October 6, 2005, this court held hearings

regarding discovery issues in this matter, including the Motion for Approval of the

MOTION OF BARON & BUDD, P.C., FOSTER & SEAR, LEBLANC & WADDELL, LLP AND SILBER PEARLMAN, LLP FOR EMERGNECY AND EXEPEDITED HEARING ON MOTION TO EXTEND TIME TO COMPLETE DEBTORS' STANDARD QUESTIONNAIRE TO SELECT PERSONAL INJURY ASBESTOS CLAIMANTS ­ Page 1

Case 1:04-cv-01560-JFC

Document 79

Filed 01/05/2006

Page 2 of 3

Debtors' Sampling Plan and Claimant Questionnaire and the discovery schedule for the estimation of Debtors' asbestos personal injury liabilities. 2. On October 17, 2005, the Court entered its Order Re: Personal Injury

Estimation [Doc. No. 62]. 3. The Order Re: Personal Injury Estimation requires the Questionnaire to

be returned by mail on or before January 9, 2006 to be deemed timely. Grounds for the Motion 4. Although each of the Movants has worked diligently to complete the

Questionnaires, for the reasons set forth in the Motion to Extend Time, completion of the Questionnaires by the January 9, 2006 deadline is simply not possible. 5. Because the Movants want to complete each of the Questionnaires with

which they were served in compliance with the Court's Order Re: Personal Injury Estimation, the Movants respectfully an emergency and expedited hearing on their Motion to Extend Time. 6. Patrick Gunn, Cooley Godward LLP, counsel for the Debtors, has been

advised that Movants are seeking an emergency and expedited hearing on their Motion to Extend Time and is prepared and available to participate in such a hearing by telephone. Relief Requested For the foregoing reasons, the Movants respectfully request the Court to hear their Motion to Extend Time on an expedited basis, to allow telephone participation in such expedited hearing, and to grant them such other and further relief to which the Court finds they are justly entitled.

MOTION OF BARON & BUDD, P.C., FOSTER & SEAR, LEBLANC & WADDELL, LLP AND SILBER PEARLMAN, LLP FOR EMERGNECY AND EXEPEDITED HEARING ON MOTION TO EXTEND TIME TO COMPLETE DEBTORS' STANDARD QUESTIONNAIRE TO SELECT PERSONAL INJURY ASBESTOS CLAIMANTS ­ Page 2

Case 1:04-cv-01560-JFC

Document 79

Filed 01/05/2006

Page 3 of 3

Respectfully submitted, /s/Daniel K. Hogan Daniel K. Hogan (DE #2814) THE HOGAN FIRM 1311 Delaware Avenue Wilmington, Delaware 19806 Telephone: 302-656-7540 Facsimile: 302-656-7599 and STUTZMAN, BROMBERG, ESSERMAN & PLIFKA, A Professional Corporation Sander L. Esserman TX State Bar No. 06671500 2323 Bryan Street Suite 2200
Dallas, Texas 75201-2689

Telephone: (214) 969-4900 Telecopier: (214) 969-4999 Counsel for Baron & Budd, P.C., Foster & Sear, LeBlanc & Waddell, LLP and Silber Pearlman, LLP

MOTION OF BARON & BUDD, P.C., FOSTER & SEAR, LEBLANC & WADDELL, LLP AND SILBER PEARLMAN, LLP FOR EMERGNECY AND EXEPEDITED HEARING ON MOTION TO EXTEND TIME TO COMPLETE DEBTORS' STANDARD QUESTIONNAIRE TO SELECT PERSONAL INJURY ASBESTOS CLAIMANTS ­ Page 3