Document mmDxpy7r8M2Yy6Vg7O9BoZvrb
DISTRICT COURT, BOULDER COUNTY, COLORADO Boulder County Justice Center 1777 6th Street P.O. Box 4249 Boulder, CO 80306
IN RE: ASBESTOS CASES
Attorney/Party Without Attorney: Name(s): Mary Price Birk, #10415
Ronald L. Hellbusch, #26094 Address: Baker & Hostetler LLP
303 E. 17th Ave., #1100 Denver, Colorado 80203 Phone Number: 303-861-0600 Fax Number: 303-861-7805
ACOURT USE ONLY A
Case No. 89 CV 2000 Div: Ctrm:
NOTICE OF BANKRUPTCY FILING AND IMPOSITION OF AUTOMATIC STAY
PLEASE TAKE NOTICE that on September 3, 2004, Quigley Company, Inc. (the "Debtor") filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the Southern District of New York (the "Court"). The Chapter 11 case is pending before Bankruptcy Court Judge Prudence C. Beatty under the case name In re Quigley Company, Inc. and Case No. 04-15739. Pursuant to the provisions of section 362(a) of the Bankruptcy Code, this lawsuit is stayed as to Quigley Company, Inc. All actions taken in violation of the stay are null and void. Attached is a copy of the Order: (A) Issuing Temporary Restraining Order Pursuant to Bankruptcy Code Sections 105(a) And 362(a) And Federal Rule of Bankruptcy Procedure 7065, And (B) Scheduling Hearing on Preliminary Injunction.
Dated: September 9, 2004
BAKER^HOSTETLER LLP
Mary Prica^Birk, #10415 Ronald L/hlellbusch, #26094 303 E.'lVth Avenue, Suite 1100 Denver, Colorado 80203 (303)861-0600
ATTORNEYS FOR DEFENDANT QUIGLEY COMPANY, INC. and PFIZER, INC.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on thisqth day of September, 2004, a true and correct copy of the above and foregoing Notice of Bankruptcy Filing and Imposition of Automatic Stay was served via JusticeLink or by U.S. mail, postage prepaid, as indicated to:
J. Conard Metcalf, Esq. Trine & Metcalf, P.C. 1435 Arapahoe Ave. Boulder, CO 80302-6390 Attorneys for Plaintiffs VIA JUSTICELINK
David Nowak, Esq. White & Steele, P.C. 950 17th Street, 21st Floor Denver, CO 80202-2804 Attorneys for Anchor Packing and Garlock VIA JUSTICELINK
Mary Wells, Esq. Wells, Anderson & Race LLC 1700 Broadway, Suit 1020 Denver, CO 80290 Attorneys for 3M a/k/a Minnesota Mining & Manuracturing
VIA JUSTICELINK
Dennis H. Markusson, Esq. Taylor T. Pensoneau, Esq. Markusson Green & Jarvis 999 18th Street, Suite 3300 Denver, CO 80202-2433 Attorneys for Plateau, M.H. Dietrickand Flintkote VIA JUSTICELINK
Christopher K. Miller, Esq. Kennedy, Christopher, Childs & Fogg, PC 1050 Seventeenth Street, Suite 2500 Denver, CO 80265 Attorneys for Flanders Filters, Inc. VIA JUSTICELINK
David Setter, Esq. Kathryn Epperson, Esq. Socha, Perczak & Anderson 1775 Sherman Street, Suite 1925 Denver, CO 80203 Attorneys for Camfil-Farr, Inc.
VIA JUSTICELINK
Bradley A. Levin, Esq. Christopher M.. Rose, Esq. Roberts Levin & Patterson, P.C. 1660 Wynkoop Street, Suite 800 Denver, CO 80202 (303) 575-9390 Attorneys for Georgia Pacific
VIA JUSTICELINK
David P. Hersh, Esq. Diane Vaksdal Smith, Esq. Burg & Eldredge, P.C. 40 Inverness Drive East Englewood, CO 80112 Attorneys for Highland Stucco
VIA JUSTICELINK
Michelle A. Pinkowski, Esq. Rothgerber Johnson & Lyons LLP One Tabor Center, Suite 3000 1200 Seventeenth Street
Denver, Colorado 80202 Attorneys for Borg Warner
H. Keith Jarvis, Esq. William T. Webb, Esq. MARKUSSON, GREEN & JARVIS 999 18th Street, Suite 3300 Denver, CO 80202-2433 Attorneys for General Electric
VIA U.S. MAIL
Gary M. Clexton, Esq. Miller & Steiert, PC 1901 W. Littleton Blvd. Littleton, CO 80120 Attorneys for John Crane, Inc. and TDY Industries, Inc. VIA JUSTICELINK
Brian Widmann, Esq. Daniel M. Fowler, Esq. Fowler, Schimberg & Flanagan, PC 1640 Grant Street, Suite 300 Denver, CO 80203 Attorneys for Swinerton Builders VIA JUSTICELINK
James M. Miletich, Esq. McConnell, Siderius, Fleischner, Houghtaling & Craigmile, LLC 2401 15th Street, Suite 300 Denver, CO 80202 Attorneys for Rapid American VIA JUSTICELINK
Alice Woodall, Esq. Steven Kaufmann, Esq. Morrison & Foerster 370 17th Street, #5200 Denver, CO 80202 Attorneys for Grefco and General Refractories VIA JUSTICELINK
Karen Wheeler, Esq. Levy, Morse & Wheeler, P.C. 6400 S. Fiddlers Green Circle, Ste. 900 Englewood, Colorado 80111-4923 Attorneys for Kaiser Gypsum VIA JUSTICELINK
VIA JUSTICELINK
Charles E. Weaver, Esq. Wood Ris & Hames P.C. 1775 Sherman St., #1600 Denver, CO 80203-4313 Attorneys for Riley Stoker and Congoleum Corporation VIA JUSTICELINK
Tracy H. Fowler, Esq. David N. Wolf, Esq. Snell & Wilmer 15 West South Temple, #1200 Gateway Tower West Salt Lake City, UT 84101 Attorneys for CBS (Westinghouse) VIA U.S. MAIL
John F. Hensley, Esq. 1790 30th Street, Suite 435 Boulder, CO 80301 Attorney for Crown Cork & Seal VIA JUSTICELINK
William David Byassee, Esq. Lisa C. Forbes, Esq. Jackson Kelly PLLC 1099 18th Street, Suite 2150 Denver, CO 80202 Attorneys for Crane Co. VIA U.S. MAIL
Blair J. Trautwein, Esq. Wick, Campbell, Bramer, et al. P.O. Box 2166 Fort Collins, Colorado 80522 Attorneys for Jones-Heartz Lime VIA JUSTICELINK
Michael D. Plachy, Esq. Michelle A. Pinkowski, Esq. Rothgerber Johnson & Lyons LLP One Tabor Center, Suite 3000 1200 Seventeenth Street Denver, Colorado 80202 Attorneys for Honeywell Techonology Solutions f/k/a Allied Signal Technical Services Corp. VIA JUSTICEUNK
Michael O'Donnell, Esq. Wheeler, Trigg & Kennedy 1801 California Street Denver, CO 80202 Attorneys for Ford Motor Company VIA JUSTICEUNK
John D. Hayes, Esq. Senter Goldfarb & Rice, LLC 400 South Colorado Blvd., #700 Denver, CO 80222 Attorneys for Pecora Corp. VIA JUSTICEUNK
Charles Casteel, Esq. Davis Graham & Stubbs LLP 1550-17th Street, Suite 500 Denver, CO 80202 Attorneys for General Motors VIA JUSTICEUNK
Chris A. Mattison, Esq. Erin Christie Asborno, Esq. Hall and Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202 Attorneys for Rio Grande
Bennett L. Cohen, Esq. Shughart, Thompson & Kilroy, P.C. 1050 17th Street, #2300 Denver, CO 80265 Attorneys for Metropolitan Life VIA JUSTICEUNK
Michael Goodman, Esq. COOPER & CLOUGH, P.C. 1512 Larimer Street, Suite 600 Denver, CO 80202-1621 Attorneys for Washington Group International, Inc. VIA U.S. MAIL
Peter J. Korneffel, Jr., Esq. Richard B. Benenson, Esq. Brownstein Hyatt & Farber P.C. 410 17th Street, 22nd Floor Denver, CO 80202-4437 Attorneys for Standard Motor Products VIA U.S. MAIL
Thomas L. Beam, Esq. Hall and Evans, L.L.C. 1125 17th Street, Suite 600 Denver, CO 80202 Attorneys for Boise Cascade VIA U.S. MAIL
Duly executed signature on file^at the office Of Baker & Hostetler Lj_P
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ............................ --.................... --............. --................ x
In re QUIGLEY COMPANY, INC., Debtor.
QUIGLEY COMPANY, INC.,
Chapter 11
Case No. 04-15739 (PCB)
x Adv. Proc. No.. 04-04262 (PCB)
Plaintiff
v.
A. C. Coleman, THE OTHER PARTIES LISTED ON EXHIBIT A TO THE COMPLAINT, JOHN DOES 1-1000 AND JANE DOES 1-1000,
Defendants.
x
ORDER: (A) ISSUING TEMPORARY RESTRAINING ORDER PURSUANT TO BANKRUPTCY CODE SECTIONS 105(a) AND 362(a) AND FEDERAL RULE OF BANKRUPTCY PROCEDURE 7065, AND (B)
SCHEDULING HEARING ON PRELIMINARY INJUNCTION
Upon the motion (the "Motion") of Quigley Company, Inc. ("Quigley"), debtor
and debtor in possession, pursuant to sections 105(a) and 362(a) of title 11, United States Code
(the "Bankruptcy Code"), and Rule 65 of die Federal Rules of Civil Procedure made qiplicable
hereto by Rule 7065 of the Federal Rules of Bankruptcy Procedure, for a preliminary injunction slaying, restraining and enjoining the commencement or continuation of any and all actions or other proceedings against Pfizer Inc. ("Pfizer"), which allege personal injury or wrongful death
based upon purported exposure to asbestos, silica, mixed dust, talc, or vermiculite, including
without limitation, the actions and proceedings listed on Exhibits A and B to the Motion, and
staying, restraining and enjoining all parties from taking any action with respect to any property
9714110.4
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in which Pfizer and Quigley have a legal, equitable, beneficial, contractual or other interest, including, without limitation, any insurance policies or proceeds thereof in which Pfizer and Quigley have a shared interest, and for a temporary restraining order pending a hearing on the Motion for a preliminary injunction; and the Court having considered and reviewed: (i) Quigley's memorandum of law in support of the Motion, (ii) the Affidavit of Paul Street in support of the Motion, (iii) the Affidavit of Steven C. Kany in support of the Motion, and (iv) Quigley's complaint for declaratory and injunctive relief with respect to the personal injury claims asserted against Pfizer; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. 157 and 1334; and this matter being a core proceeding under 28 U.S.C. 157(b)(2XA), (G) and (O); and based on the record established at the hearing on September 7,2004, the Court finds and concludes as follows:
1. Quigley and Pfizer are defendants in over one hundred thousand personal injury claims alleging injury based on alleged exposure to asbestos, silica, mixed dust, talc, or vermiculite. Quigley and Pfizer have utilized shared insurance policies and the funds contained in an insurance trust, under which Quigley and Pfizer are joint beneficiaries, to satisfy settlements, judgments and defense costs related to the personal injury claims.
2. Prior to the commencement of this chapter 11 case, Pfizer engaged in extensive settlement discussions with Quigley, present holders of personal injury claims against Pfizer and Quigley, and a representative representing the interests of holders of future demands against Pfizer and Quigley. Those discussions resulted in Quigley filing this chapter 11 case with a pre-negotiated plan, which contemplates a significant contribution by Pfizer to a trust to be established under section 524(g) ofthe Bankruptcy Code.
9714110.4
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3. Quigley commenced this chapter 11 case to protect the remaining limits under the shared insurance policies and the amounts contained in the insurance trust, which will be used to fund the pre-negotiated plan of reorganization and a section 524(g) trust.
4. The insurance policies and the amounts contained in the insurance trust constitute property of Quigley's estate. Each of these assets may be utilized by Pfizer and Quigley to satisfy settlements, judgments or defense costs related to personal injury claims against either of them, on a first billed, first paid basis, irrespective of amounts previously billed by or paid to Pfizer or Quigley.
5. Quigley has demonstrated that absent a stay of pending and future personal injury claims asserted against Pfizer, plaintiffs will continue to prosecute their claims against Pfizer, which will have the effect of depleting the shared insurance policies and the funds in the insurance trust.
6. Quigley has demonstrated that depletion of the shared insurance policies and the insurance trust assets will cause immediate and irreparable injury to Quigley's estate and inpair Quigley's ability to implement its pre-negotiated chapter 11 plan and successfully reorganize under chapter 11 of the Bankruptcy Code.
7. Quigley has demonstrated that the injunctive relief requested is in the best interests of Quigley, its estate, creditors and parties in interest.
8. Quigley has demonstrated that notifying over one hundred and sixty thousand plaintiffs, or all of their counsel, who have asserted the personal injury claims against Pfizer of the hearing on the temporary restraining order on shortened notice would not be possible. In addition to the virtual impossibility of obtaining addresses for and serving all of the over one hundred and sixty thousand plaintiffs, Quigley's counsel is constrained by the
9714110.4
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provisions of the Professional Code of Responsibility from communicating directly with parties known to be represented by counsel without the consent oftheir counsel.
9. Quigley cannot provide notice to the holders of future personal injury demands because they are not known at this time. Quigley would only be able to provide publication notice with respect to the holders of future demands.
10. Pursuant to the Court's direction, Quigley's counsel provided limited notice of the hearing on the Motion to counsel for the top 20 unsecured creditors and three other counsel representing plaintiffs who have not settled their claims with Quigley or Pfizer (a) by telephone on September 3, 2004, and (b) by written notice, served together with copies of the Motion and supporting pleadings, by overnight mail, Saturday delivery.
11. Quigley will suffer immediate and irreparable injury, loss, or damage before the personal injury defendants or their counsel can be heard in opposition to the Motion.
9714110.4
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NOW THEREFORE, IT IS HEREBY
ORDERED, that the Motion is granted in part, insofar as the request for a
temporary restraining order is granted; and it is further
ORDERED, that a hearing on Quigley's motion for a preliminary injunction shall
be held on September 27, 2004 at 10:30a.m., or as soon thereafter as counsel may be heard,
before The Honorable Prudence C. Beatty, United States Bankruptcy Judge, in Room 701 of the
Alexander Hamilton Custom House, One Bowling Green, New York, New York; and it is further
ORDERED, that pursuant to sections 105(a) and 362(a)of the Bankruptcy Code
and Rule 7065 of the Bankruptcy Rules, pending a final determination on Quigley's request for a
preliminary injunction any and all pending or future actions or other proceedings against Pfizer,
which allege personal injury or wrongful death based upon purported exposure to asbestos,
silica, mixed dust, talc, or vermiculite, including without limitation, the actions and proceedings listed on Exhibits A and B to the Motion, and staying, restraining and enjoining all parties from
taking any action with respect to any property in which Pfizer and Quigley have a legal,
equitable, beneficial, contractual or other interest, including, without limitation, any insurance
policies or proceeds thereof in which Pfizer and Quigley have a shared interest, are enjoined and
restrained; and it is further ORDERED, that sufficient cause has been shown for granting Quigley the
temporary restraining order it has requested on the limited notice described above, based on the
virtual impossibility of serving all of the over one hundred and sixty thousand personal injury
defendants or their counsel with notice and the immediate and irreparable injury, loss, or damage
that Quigley will suffer absent entry ofthis Order upon limited notice; and it is further
ORDERED, that entry of this Order will be without prejudice to any creditor or
party in interest to seek relief from its terms; and it is further
9714110.4
5
ORDERED, that pursuant to Bankruptcy Rule 7065, the security provisions of
Federal Rule 65(c) be, and same hereby are, waived; and it is further
ORDERED, that this Order shall be served together with a compact disk ("CD")
containing Exhibit A to the Motion (list of claims and civil actions against Pfizer and Quigley) and Exhibit B to the Motion (list of claims and civil actions against Pfizer only):
(a) by overnight mail, overnight delivery, postage prepaid, on or before
September 9, 2004, upon all known parties-in-interest at the time of such service who are
directly affected by this Order, or upon counsel for such parties-in-interest, including counsel for
personal injury claimants, as provided in the Order Authorizing Listing of Addresses of Counsel
for Personal Injury Claimants in Creditor Matrix in Lieu of Claimants' Addresses and Approving
Notice Procedures for Claimants; and
(b) by publication of Notice of Hearing Seeking Preliminary Injunction,
substantially in the form of Exhibit A hereto, which Notice is hereby approved in all respects, to
be published once in The New York Times and The Wall Street Journal (National Edition), on or
before September 14,2004; and it is further
ORDERED, that service in accordance with this Order shall be deemed good and
sufficient service and adequate notice for all purposes; and it is further
ORDERED, the temporary restraining order shall remain in effect pursuant to this
Order until September 17, 2004 at midnight (New York Time) and, good cause having been
shown, consistent with section 102(1) of the Bankruptcy Code, Bankruptcy Rule 7065 and Fed.
R. Civ. P. 65(b), may continue in effect without a hearing until the hearing on Quigley's request
for a preliminary injunction, unless a party directly affected by such temporary restraining order
moves prior to September 17, 2004 for its dissolution or modification on 2 days' prior written
notice to Quigley and its counsel, Pfizer and its counsel, and the United States Trustee, in which
9714110.4
6
case the Court will consider such motion and decide if any hearing is necessary to dispose of such motion, and, if necessary, schedule the time and place for such hearing; and it is further
ORDERED, that objections, if any, to Quigley's request for a preliminary injunction shall set forth in writing the basis for any such objection and shall be filed with the Court either (a) by filing electronically in accordance with General Order M-182 (N.B. General Order M-182 and the User's Manual for the Electronic Case Filing System can be found at www.nvsb.u5c0urts.gov. the official website for the United States Bankruptcy Court for the Southern District of New York) by registered users of foe Court's electronic filing system and, by all other parties in interest, on a 3.5 inch disk, preferably in Portable Document Format (PDF), WordPerfect or any other Windows-based word processing format, or (b) by filing a hard copy with foe Clerk of the Court, One Bowling Green, New York, NY 10004, and each instance, with a hard copy delivered directly to Chambers and served on: (i) Schulte, Roth & Zabel LLP, 919 Third Avenue, New York, New York 10022, Tel: (212) 756-2000, Fax: (212) 593-5955 (Attention: Michael L. Cook), attorneys for Quigley, (ii) Cadwalader, Wickersham & Taft LLP, 100 Maiden Lane, New York, New York 10038, Tel: (212)504-6000, Fax: (212)504-6666 (Attention: Bruce R. Zirinsky, Esq. and John H. Bae, Esq.), attorneys for Pfizer, and (iii) foe Office of the United States Trustee, 33 Whitehall Street, Suite 2100, New York, NY 10004, Tel: (212) 510-0500, Fax: (212) 668-2256, so as to be received on or before September 22, 2004 at 12:00 p.m. (New York time); and it is further
9714110.4
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ORDERED, that responses, if any, shall be filed and served in accordance with
the procedures described above and also shall be served on any objectors, so as to be received on
or before September 24,2004 at 12:00 p.m. (New York time).
Dated:
New York, New York September 7,2004 (at 5p.m.)
/s/ Prudence Carter Beattv United States Bankruptcy Judge
9714110.4
EXHIBIT A
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
In re
QUIGLEY COMPANY, INC,
Debtor.
QUIGLEY COMPANY, INC,
Plaintiff
v.
A. C. Coleman, THE OTHER PARTIES LISTED ON EXHIBIT A TO THE COMPLAINT, JOHN DOES 1-1000 AND JANE DOES 1-1000,
Defendants.
: : : :
x Chapter 11 Case No. 04-15739 (PCB)
x Adv. Proc. No. 04-04262 (PCB)
x
NOTICE OF HEARING SEEKING PRELIMINARY INJUNCTION PLEASE TAKE NOTICE that on September 3, 2004 (the "Petition Date"), Quigley Company, Inc. ("Quigley") filed a petition for relief under chapter 11, title 11, United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court, Southern District ofNew York (the "Bankruptcy Court"). PLEASE TAKE FURTHER NOTICE that on the Petition Date, the Debtor filed a motion (the "Motion") pursuant to sections 105(a) and 362(a) of the Bankruptcy Code and Rule 65 of the Federal Rules of Civil Procedure for a preliminary injunction staying, restraining and enjoining the commencement or continuation of any and all actions or other proceedings against
Pfizer Inc. ("Pfizer"), which allege personal injury or wrongful death based upon purported
exposure to asbestos, silica, mixed dust, talc, or vermiculite, including without limitation, the
actions and proceedings listed on Exhibits A and B to the Motion, and staying, restraining and enjoining all parties from taking any action with respect to any property in which Pfizer and Quigley have a legal, equitable, beneficial, contractual or other interest, including, without
limitation, any insurance policies or proceeds thereof in which Pfizer and Quigley have a shared
interest, and for a temporary restraining order pending a hearing on the Motion for a preliminary
injunction.
PLEASE TAKE FURTHER NOTICE, that on September 7, 2004, the Bankruptcy
Court granted the Motion, in part, and entered a temporary restraining order pending a hearing
on Quigley's Motion seeking a preliminary injunction.
PLEASE TAKE FURTHER NOTICE, that a hearing on Quigley's motion for a
preliminary injunction shall be held on September 27, 2004 at 10:30a.m., or as soon thereafter as counsel may be heard, before The Honorable Prudence C. Beatty, United States Bankruptcy Judge, in Room 701 of the Alexander Hamilton Custom House, One Bowling Green, New York,
New York.
PLEASE TAKE FURTHER NOTICE, that objections, if any, to Quigley's request for a preliminary injunction shall set forth in writing the basis for any such objection and shall be filed with the Court either (a) by filing electronically in accordance with General Order
M-182 (N.B. General Order M-182 and the User's Manual for the Electronic Case Filing System
can be found at www.nvsb.uscourts.gov. the official website for the United States Bankruptcy
Court for the Southern District of New York) by registered users of the Court's electronic filing
system and, by all other parties in interest, on a 3.5 inch disk, preferably in Portable Document Format (PDF), WordPerfect or any other Windows-based word processing format, or (b) by
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filing a hard copy with the Clerk of the Court, One Bowling Green, New York, NY 10004, and each instance, with a hard copy delivered directly to Chambers and served on: (i) Schulte, Roth & Zabel LLP, 919 Third Avenue, New York, New York 10022, Tel: (212) 756-2000, Fax: (212) 593-5955 (Attention: Michael Cook, Esq.), attorneys for Quigley, (ii) Cadwalader, Wickersham & Taft LLP, 100 Maiden Lane, New York, New York 10038, Tel: (212) 504-6000, Fax: (212)504-6666 (Attention: Bruce R. Zirinsky, Esq. and John H. Bae, Esq.), attorneys for Pfizer, and (iii) the Office of the United States Trustee, so as to be received on or before September 22, 2004 at 12:00 p.m. (New York time). If you fail to respond in accordance with the foregoing procedures, the reliefrequested may be entered.
Dated:
New York, New York September 7, 2004
SCHULTE ROTH & ZABEL LLP Proposed Attorneys for Quigley Company, Inc.
By-----------------------------------------
Michael L. Cook (MC 7887) (A Member ofthe Finn) 919 Third Avenue New York, New York 10022
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