Document QMg3YgMVeVa9Nax1dRprq6nE4

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN RE: NORTH AMERICAN REFRACTORIES COMPANY, Debtor. NORTH AMERICAN REFRACTORIES COMPANY, 1 ) ) ) In Proceedings for a ) Reorganization under ) Chapter 11 ) ) Case No. EXHIBIT A Plaintiff, ) PARTIES LISTED ON EXHIBIT A TO COMPLAINT, ) Adversary Proceeding No. 60 ) ) & *7 Defendants. ) x TEMPORARY.RESTRAINING ORDER Before the Court are the Complaint for Declaratory and Injunctive Relief ("Complaint") and the Motion for a Temporary Restraining Order and for an Injunction ("Motion"), both ofwhich were filed by the debtor-in-possession. North American Refractories Company (`NARCO"), on or about January 4,2002. The Complaint and Motion seek, inter alia, (i) a declaratory judgment that the automatic stay imposed by 11 U.S.C. 362(a) extends to stay or enjoin present and future NAJRCO-related asbestos claims against Honeywell International, Inc. ("Honeywell"); and (ii) a temporary iestraining order and an injunction that stay and enjoin all such asbestos claims and TemporaryRestrainingOrder.doc I. NARCO's request for a temporary restraining order, as set forth in the Motion, is hereby GRANTED. 2. A temporary restraining order is hereby issued, without notice, and hereby directed to the cases filed by the Defendants listed on Exhibit A to the Complaint CPresent Asbestos Actions"), and to all other cases, including future cases, and plaintiffs and potential plaitif& in other asbestos-related claims and lawsuits against Honeywell which arise from the NARCO Product Line ("Other Asbestos Actions"). ("Present Asbestos Actions" and "Other Asbestos Actions" together constitute "Asbestos Actions"). All Asbestos Actions are hereby enjoined, stayed, and all persons are hereby enjoined, stayed and restrained from prosecuting and/or commencing any Asbestos Action, including, without limitation, (i) the pursuit of discovery fium Honeywell or ftom any ofHoneywell's directors, officers, and employees; (ii) the enforcement of any discovery orders heretofore issued in any ofthe Asbestos Actions; and (iii) further motion practice in any of the Asbestos Actions, until this Court enters an order deciding whether to grant NARCO's requests for an injunction and for declaratoryjudgment relief, as set forth in the Motion. 3. Ifapplicable non-bankruptcy law, an order entered in a non-bankruptcy proceeding, or an agreement fixes a period for commencing or continuing any civil action in a court, other than this Bankruptcy Court, on a asbestos-related personal injury claim against Honeywell that arises from the NARCO refractory business, and such period has 4- - not expired before the date ofthis Order, then such period does not expire until the later of(a) the end ofsuch period, including any suspension of such period on or after the date ofthis Order; or (b) thirty (30) days after notice oftermination or expiration of the injunction granted in decretal paragraph 2 above, with respect to such claim. 4. A hearing on the merits ofNARCO'S requests for a temporary or preliminary injunction and for declaratoryjudgment relief; as set forth in foe Motion, is hereby scheduled to take place on foe day of ______________ 2002, at ^ &frUx>.m.^ in Courtroom . In order to be considered by foe Court, any response or opposition to foe Motion must be filed by ____________ __ , 2002, and served so as to be actually received by counsel for NARCO and by counsel for Honeywell on or before such date, at foe addresses set forth below. 5. Debtor shall give actual notice ofthe entry ofthis Order to counsel for the 8,500 plaintiffs in Present Asbestos Actions pending against Honeywell and use its best efforts to notify all other asbestos plaintiffs' counsel representing claimants in other Present Asbestos Actions. C&'u 6. This temporary restraining order shall be effective on January 4,2002jat __ ________am/pro and shall expire on January 14,2002, at V1 MOvCddnlcfyiv a fZ&OvCTS&t C ib .u4cvj /telKG 'TT Date: Time: V' 5^ ^7/?n United States Bankruptcy Jutig<y cc: Counsel to NARCO: Paul Singer, Esq. ReedSmith, LLP 435 Sixth Avenue Pittsburgh, PA 15219 cc: Counsel to Honeywell: Peter J. Sacripanti, Esq. McDermott, Will & Emery 50 Rockefeller Center New York, New York Daniel M. Lewis, Esq. Arnold & Porter 555 12th Street, NW Washington, DC 6- -