Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv—01560-JFC Document 43-7 Filed 09/19/2005 Page1 0f4

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UNITED STATES BANKRUPTCY COURT l J
FOR THE DISTRICT OF DELAWARE
i INRE: : Chapter ll A ·
OWENS CORNING, et al., Case Nos. 00-3837 to 3854 (JPF)
_ Debtors.
I MEMORANDUM AND ORDER
Fullam, Sr. J. November 22, 2004 V
On August 19, 2004, I entered an order scheduling a claims estimation hearing for
January 13, 2005, and directing the parties to tile their respective expert reports by October 15,
2004. Credit Suisse First Boston, as agent for a group of participating banks ("CSFB”), has tiled
a motion to modify that scheduling order. CSFB`asl a sample of medical records, including x—rays, from asbestos personal injury claimants asserting
nonrnalignant claims against the debtors ...," and to postpone the J anuaxy hearing until the
suggested procedures have been completed - a period of six months to a year. For several
reasons, the motion will berdenied.
The record already contains substantial evidence to support the notion that Owens
Corning’s history of dealing with asbestos claims has included payments to large numbers of
claimants who actually sustained little or no harm from their exposure to Owens Corn.ing’s
products. The relevant data have been available for analysis for many years. The conclusions
drawn by experts have long been debated, and will be fully aired at the January hearing. In the

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unlikely event that the infomation now available proves insufficient to enable a reasonably
- correct estimate of future claims, that issue, too, will be considered at the hearing in January.
It bears emphasis that the task is to determine what amount of money will be
necessary, and sufiicient, to cover Owens Coming’s liability to claimants in the real world in
which such claims will be resolved. lt will then be necessary to structure a program of payments
which, to the extent possible, recognizes only legitimate claims, and accords the appropriate
priority to the claims of all creditors.
The bottom line is that no useful purpose would be served by further delaying
matters, and running up additional legal bills, to prove what is already reasonably well known. i
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UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE ;
IN RE: : Chapter 11 I
OWENS CORNING, et al., Case Nos. 00-3837 to 3854 (JPF)
Debtors.
ORDER
· AND NOW, this 22“°' day of November, 2004, upon consideration of the motion
of CSFB, as agent, to establish procedures to obtain a sample of medical records (etc.), andthe
responses to that motion, IT IS ORDERED:
That the motion is DENIED. `
BY THE COURT:
l ` ` E I Q
At l I
t 1=u11am, sr. J.
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