Document OBb1Z11bEbDeDw0zjQB38Kpp

1(9002 IN THE UNITED STATES BANKRUPTC Y COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN'RE: NORTH AMERICAN REFRACTORIES COMPANY, et al., Debtors NORTH AMERICAN REFRACTORIES COMPANY, PlwntifS v. PARTIES LISTED ON EXHIBIT A TO COMPLAINT, Defendants. ) Chajterll Cast No. 02-2Q19B Joiirty Administered ) Adv5rs31yPro.No. 02*2004 JANUARY 17,2002 CONSENT ORDER ) EXTENDING AND MODIFYING TEMPORARY SESTR^ J3VTNG ORDER AND SCHEDULING FURTHER PRO( 'KEPINGS This matter having come before the Court on January 17. 2002, pursuant to the Debtors' request for a preliminary injunction following the issuance by the Court ofa Temporary Restraining Order dated January 4,2002, issued pursuant to ] 11 J.S.C 362 and 105, m the above-captioned matter (the "Temporary Restraining Older"); r> itice having been provided as directed by the Temporary Restraining Order; the Temporary Ri straining Order having required any opposition to the motion to be filed by January 15, 2002; anl responses and/or motions for continuance having been filed on behalfofasbestos claimants by (l) Rcaud, Morgan & Quinn; (2) Waters & Kraus, LLP and Kaeske Reeves, LLP; (3) the CJnt fScial Committee of Select Asbestos Claiments, and (4) Ness. Motley, Loadbolt, Rjchardso 1 & Poole, P.A (the "Objectors"), and a motion to dismiss under Bankruptcy Rule 7012(b)(6) having been filed on behalf of asbestos claimants represented by Reaud, Morgan & C uinn; and the Debtors and the Objectors having reached agreement on a continuation ofthe Ter iporary Restraining Order ani the scheduling ofAnther proceedings, it is hereby; ORDERED that the Temporary Restraining Order, a cop; * ofwhich o attached hereto and incorporated herein except as expressly modified, is continued wi th the consent of the Objectors until March 7,2002, at 5:00 p.ax, T; and it is further ORDERED that motions to dismiss the Debtors' Complant shall be filed and served so as to be received by the Debtors on or before February 11,2002; ai d it is further ORDERED that the Debtors shall fife its responses to su<h motions to dismiss and shall save the same so as to be received on or before February 21, 2011; anditisftuther ORDERED that an replies to the Debtors' responses to rations to dismiss shall be filed and served so as to be received on or before February 26, 2002; md it is further ORDERED that a hearing on the motions to dismiss skd. be held in Courtroom A, 600 Grant Street, 5I*'Floor, Pittsburgh, PA 15219, on March 7, 2002, at 10 00 a.m.; and it is further ORDERED that a date for the filing ofanswers to the Debtors' Complaint shall be determined at the hearing scheduled for March 7, 2002, and that no answers need be filed until further order ofthis Court; and it is further ORDERED that the status conference previously scheduled in the above-captioned matter for February 13. 2002, at 1 LOO a.m. is hereby rescheduled for J larch 7,2002, at 10:00 a.m.; and it is further ORDERED that paragraph 3 of the Temporary Restrain ng Order is hereby amended and restated in it entirety to read as follows: 'Tfapplicable non-bankruptcy law, an order ente -ed in a non-bankruptcy proceeding, or an agreement fixes e period for comment ing or continuing any civil action in a court, other than this Bankruptcy Court, on t asbestos-related personal injury claim against Honeywell that arises from the NAB CO refractory business. JRN 23 '02 20:09 FR STUTZMflN BRQMBS?G 214 969 4999 TO Htt6B439014122083 P.04X0S civil action tn a court, other than this Bankruptcy Court, on a asbestos-related personal injury claim against Honeywdl that arises from the NARCO refractory business, and such period has not expired before the date ofthis Order, then such period docs not expire until the later of (a) the end ofsuch period, mnlnding any suspension of such period on or after January 4,2002; or (b) sixty (60) days after notice oftermination or expiration ofthe injunction granted in decretal paragraph 2 above, with respect to such claim." Date January 17,2002 Time: 4:30 p,m. Consented to: Judifh K. Fitzgerald, Chiof Judg Uniited States Banknruroptcvy Court / /& COUNSEL TO.NO] P^ulM, Singer(?A ID #0028$ James J. Rcstivo Jr, (PA ID #10113) David Ziegler (PA ID #37527) Reed Smith. LLP 435 Sixth Avenue Pittsburgh, PA 15219 (412) 288-3124/3026 (412)288-3063 (fax) SFL TO REAUD, MORGAN & IbbertS. Bernstein (PA ID #34308) Bernstein Law Finn, P.C. 1133 Penn Avenue Pittsburgh, PA 15222 (412)456-8100 (412) 456-8135 (fax) -andSandsrL. Essennan (TX Bar #06671500) StutZtnan & Bromberg 2323 Bryan Street, Suite 2200 Dallas, TX 75201 (214) 969-4900 (214) 969-4999 (fax) COUNSEL TO NESS, MOTLEY, LOADHOLT, RICHARDSON & POOLE, P.A. Nancy Worth Davis (SC #12612) Ness, Motley, Loadholt Richardson & Poole, PA. 28 Bridgeside Boulevard Mt Pleasant, SC 29464 (843)216-9545 (843) 216-9450 (fex) yS"v, C -3 - / 1)1 ^UiiaSJB!-iiiiL.ea.ns its ff @005 COUNSEL TO ASBESTOS CLAIMANTS REPRESENTED BY WATERS & KRAUS LLP AND KAESKE REEVES VU? COUNSEL 1 `0 THE UNOFFICIAL COMMUTE EOF SELE, pESTOS CLAIMANTS Marvin S. Lieber Obetmayer, Rebnann, MaxweD & Hippel, LLP USX Tower, Suite 5240 600 Grant Street Pittsburgh, PA 15219 (412) 566-1500 *and- Peter A Kraus (TXBar #11712980) Charles S. Siegel (TX Bar #1834 875) Waters k Kraut LLP ~ 3219 McKinney Avenue, Sutte3o00 Dallas, TX 75204 (214) 557-6244 (214) 357-7252 (fex) -andt- MBce Kfleske (TXBar <#00794061) Kay Reeves (TXBar #08620470) Kaesl Reeves 6301 Gaston Avenue, Suite 735 Dallas. TX 75214 ________ TDsber Edmond M. jeorgB (pro hac vice pending) Ooennayer, lebnann. Maxwell & HippcLLL* One PennCrater, 19* Floor 1617 JohttF Kennedy Blvd. Philadelphia, PA 190103-1895 (215)665-31100 (215) 665-3 .65 (lax) FILE .Mo- M /P9 >rso 843 f<2J a<K ,*fss tUTlB' CHSM SC B3 and such period fas not expired before the date oftha Order, then such period does not expire until the inter of (a) the end ofsucb period, including any suspension of such period on or after January 4, 2002; or (b) sixty (60) days after notice oftermination orexpiration ofthe function granted in decretal paragraph 2 above, with respect to such ctetnx" Date: January 17,2002 Time' 4;30 p,m* Consented to: COUNSEL TO NORTH AMERICAN REFRACTORIES COMPANY Judith K. Fitzgerald, Chief Judge United Stales Bankruptcy Court Paid M Singer {PA ID #00286) James J. Restivo Jr, (PA ID #10! 13) Davjd Zie&er(PA ID #37527) Reed Smith LLP 435 Sixth Avenue Pittsburgh, PA 15219 [412) 288-3114/3026 [412) 28R-3063 (lax) COUNSEL TO REAUD, MORGAN & QUINN COUNSEL TO NESS, MOTLEY, LOADHOLT, RICHARDSON & POOLE. P.A. Robert S Bernstein (PA. ID 54308) Bernstein Law Firm, P.C, 1133 Penn Avenue Pittsburgh, PA 15222 (412)456-8100 (412)456-8135 (fex) -and' Sander L. Esserman (TX Bar #06671500) Sttttanan & Bromberg 2323 Bryan Street, Suite 2200 Dallas, TX7S201 (214) 969-4900 (214) 969-4909 (fex) Nancy WonM^vis (Sc 12612) Neas, MotleyfLoadhok Richardson & Poole, PA. 28 Bridgeside Boulevard M.t. Pleasant, SC- 29464 (843) 216-9545 (843) 216-9450 (fex)