Case 1:04-cv-01294-JJF Document 74 Filed O3/23/2006 Page 1 of 2 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FLOWSERVE CORPORATION, :
Plaintiff, ;
v. E Civil Action No. 04-1294-JJF
BURNS INTERNATIONAL SERVICES 2
CORPORATION and BORG—WARNER :
CORPORATION, ;
Defendants. Z
O R D E R
At Wilmington, this Eggmday of March 2006, for the reasons
set forth in the Memorandum Opinion issued this date;
IT IS HEREBY ORDERED that:
I. The Motion For Temporary Restraining Order And
Preliminary Injunction (D I. 56) filed by
Defendant/Counterclaimant Burns International Services
Corporation (“Burnsâ€) 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 (“Flowserveâ€) 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.
Case 1:04-cv-01294-JJF Document 74 Filed 03/23/2006 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 BWC
insurance coverage to fund such settlements.
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