Free Motion to Amend/Correct - District Court of Delaware - Delaware

-j \ Case 1:04-cv-01294-JJF Document 95-7 Filed 08/23/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLOWSERVE CORPORATION, :
Plaintiff, 2
v. i Civil Action No. 04-1294-JJF
BURNS INTERNATIONAL SERVICES i
CORPORATION and BORG—WARNER :
CORPORATION, z
Defendants. i
/
O R D E 3
At Wilmington, this E%@hday of March 2006, for the reasons
set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that:
1. The Motion For Temporary Restraining Order And
Preliminary Injunction (D.I. 56) filed by
Defendant/Counterclaimant Burns International Services
Corporation (“Burns") is GRANTED.
2. The Motion For Leave To File Motion In Opposition To
Burns International Service Corporations’s Motion For Temporary
Restraining Order And Preliminary Injunction (D.I. 61) filed by
Flowserve Corporation (“Flowserve") is GRANTED.
3. The Motion To Dismiss Burns International Service
Corporation’s Motion For Temporary Restraining Order And
Preliminary Injunction (D.I. 66) filed by Flowserve is DENIED.
ExhibitD

·' is W Case 1:04-cv-01294-JJF Document 95-7 Filed 08/23/2006 Page 2 of 2
4. By March 28, 2006, the parties shall submit an agreed
upon Injunction Order which shall include provisions for the
following;
a. terminating and replacing Burns' choice of defense
counsel for the underlying asbestos claims, unless Flowserve
undertakes to pay such replacement counsel with its own funds;
b. filing third—party actions against Burns in the
underlying asbestos lawsuits seeking indemnification from Burns
for asbestos liabilities on the same basis as asserted in this
proceeding; and
c. negotiating a “global" or other settlement of its
asbestos liability using, attempting to use or assigning the BNC
insurance coverage to fund such settlements.
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\)ED S T DISTRICT E