Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01559-JFC

Document 78

Filed 01/09/2006

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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.

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

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

AMENDED ORDER RE: PERSONAL INJURY CLAIM ESTIMATION COOLEY GODWARD LLP Stephen C. Neal (CA 170085) Scott D. Devereaux (CA 146050) Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306 Tel: (650) 843-5000 JONES DAY David G. Heiman (OH 0038271) Brad B. Erens (IL 6206864) North Point 901 Lakeside Avenue Cleveland, Ohio 44114-1190 Tel: (216) 586-3939 RICHARDS, LAYTON, & FINGER, P.A. Daniel J. DeFranceschi (DE No. 2732) Paul Heath (DE No. 3704) One Rodney Square P.O. Box 551 Wilmington, Delaware 19899 Tel: (302) 651-7700

Counsel for Debtors

Case 1:04-cv-01559-JFC

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On June 13, September 20, October 6, 2005 and January 6, 2006, this Court held duly noticed hearings regarding discovery issues in this matter, including the Motion for Approval of the Debtors' Sampling Plan and Claimant Questionnaire and the discovery schedule for the estimation of Debtors' asbestos personal injury liabilities (the Estimation).1 Having fully

considered the arguments set forth by any party, in filings or during the hearings, the Court hereby orders that: 1. Debtors will serve the claimant questionnaire attached hereto as Exhibit A (the "Questionnaire") on a sample of 2000 personal injury claimants no later than October 20, 2005. Before serving the Questionnaire, the parties will execute the confidentiality agreement governing the sample claimant discovery attached hereto as Exhibit B. This agreement governs the permissible use and disclosure of the sample claimants', and other persons', social security numbers, the information about the sample claimants that the parties will obtain from the United States Social Security Administration, and the sample claimants' medical information. The sampled claimants must complete and return their Questionnaires, including all requested documentation, to RUST Consulting, Inc. ("RUST"), the Debtors' claims processing agent as soon as practicable and in a fully completed format. Any Questionnaire post-marked for return mailing on or before February 8, 2006, will be deemed timely. RUST will scan and electronically distribute the Questionnaires, including any documents submitted with the Questionnaires, to counsel for the parties on or before February 23, 2006.2 Original radiographic evaluations, such as x-rays or CT scans, will be retained by RUST and made available for inspection by the parties or their experts on reasonable terms. Additionally, RUST will organize the information contained in the Questionnaires into a searchable database, and will provide that database to the parties on or before March 27, 2006. On or before November 7, 2005, the parties will disclose those individuals with percipient knowledge as to topics for which the parties intend to offer evidence in their case-in-chief. The parties will also indicate as part of their disclosure the five individuals most likely to serve as fact witnesses in the Estimation.

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The Debtors are the following 11 entities: USG Corporation, U nited S tates G ypsum Compa ny, US G Interiors, Inc., US G Interiors In ternational, Inc., L&W Supply Co rporation, B eadex M anufac turing LLC, B -R Pipeline Compa ny, La Mirada Products Co., Inc., USG Industries, Inc., USG Pipeline Company and Stocking Specialists, Inc. 2 The parties' counsel to whom the Questionnaires and attached documents will be distributed are counsel for Debtors, the Official Comm ittee of Asbestos Personal Injury Claimants, the Future Claimants' Representative, the Official Comm ittee of Asbestos Property Damage Claimants, the Official Comm ittee of Unsecured Cred itors, and the Statutory Committee of Equity Security Ho lders.
967038 v1/SF

Case 1:04-cv-01559-JFC

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It is further ordered that fact discovery in this matter will close on July 31, 2006, subject to the Court granting an extension of that date based on the motion of any party. On July 7, 2006, the parties will exchange fully-updated lists of the experts they intend to call as witnesses in their case-in-chief during the Estimation. The Court will hold a hearing in Pittsburgh,

Pennsylvania at 2:00 pm on July 18, 2006 to address the appropriate schedule for expert discovery. IT IS SO ORDERED. Date: January 9, 2006

/s/ Joy Flowers Conti The Honorable Joy Flowers Conti District Court Judge, District of Delaware