In re: Bestwall, LLC
Petitioner: The Flintkote Asbestos Trust, The WRG Asbestos PI Trust, The Owens Corning / Fibreboard Asbestos Personal Injury Trust, The Babcock & Wilcox Company Asbestos PI Trust, The DII Industries, LLC Asbestos PI Trust, The Pittsburgh Corning Corporation Personal Injury Settlement Trust, The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The United States Gypsum Asbestos Personal Injury Settlement Trust, The Federal-Mogul Asbestos Personal Injury Trust and The Celotex Asbestos Settlement Trust
Respondent: Bestwall, LLC
Case Number: 1:2021mc00141
Filed: April 19, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2021 Opinion or Order Filing 33 ORDER: 1. The Motion for Clarification (D.I. #31 ) is GRANTED. 2. Any revised subpoena by Bestwall, LLC must: (i) limit the production of Trust Claimants' data to a random sample of no more than 10% of the 15,000 mesothelioma victims at issue; (ii) authorize the Delaware Claims Processing Facility, or a neutral third party, to anonymize the Trust Claimants' data before producing it, and (iii) include additional protections consistent with the Access Decision. Signed by Judge Colm F. Connolly on 6/17/2021. (nmf)
June 16, 2021 Filing 32 Letter to the Honorable Colm F. Connolly from Chad S.C. Stover regarding response to DCPF Trusts Request for Clarification of the Court's June 1, 2021 Order - re #31 Response to Order,. (Stover, Chad)
June 16, 2021 Filing 31 RESPONSE to Order re #30 Order on Motion to Transfer Case, Order on Motion to Quash, Third Party Trusts Request for Clarification and for Expedited Treatment. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Granting Request for Clarification, #3 Text of Proposed Order re revised subpoenas)(Moskow-Schnoll, Beth)
June 1, 2021 CASE CLOSED per D.I. #29 and D.I. #30 . (nmf)
June 1, 2021 Opinion or Order Filing 30 ORDER denying #23 Motion to Transfer Case; granting #1 Motion to Quash; denying #4 Motion to Transfer Case. Signed by Judge Colm F. Connolly on 6/1/2021. (nmf)
June 1, 2021 Filing 29 MEMORANDUM Signed by Judge Colm F. Connolly on 6/1/2021. (nmf)
May 28, 2021 Filing 28 MOTION for Joinder (to Joinder and Motion in Support of Quashing Subpoenas & Joinder and Response in Opposition to Bestwall LLCs Motion to Transfer and Supplemental Motion to Transfer) - filed by Moving Claimants. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Hogan, Daniel)
May 28, 2021 Filing 27 REQUEST for Oral Argument by Matching Claimants re #1 MOTION to Quash, #20 MOTION to Quash Joinder and Motion to Quash or Modify Subpoenas, or Alternatively for Protective Order. (Attachments: #1 Certificate of Service)(Hogan, Daniel)
May 28, 2021 Filing 26 Amended EXHIBIT re #1 MOTION to Quash, #20 MOTION to Quash Joinder and Motion to Quash or Modify Subpoenas, or Alternatively for Protective Order by Matching Claimants. (Attachments: #1 Certificate of Service)(Hogan, Daniel)
May 27, 2021 Filing 25 RESPONSE to Motion re #4 MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina, #23 Supplemental MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina (Joinder & Response in Opposition) filed by Cooney & Conway Matching Claimants. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Hogan, Daniel)
May 27, 2021 Filing 24 RESPONSE to Motion re #4 MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina, #23 Supplemental MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina (Joinder & Response in Opposition) filed by Matching Claimants. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Hogan, Daniel)
May 26, 2021 Filing 23 Supplemental MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina - filed by Bestwall, LLC. (Attachments: #1 Text of Proposed Order)(Stover, Chad)
May 26, 2021 Filing 22 DECLARATION re #17 Joinder, of Steven Kazan in Support of the Kazan McClain Firms Joinder to the Asbestos Trusts Motion to Quash by Kazan, McClain, Satterley & Greenwood, PLC. (Sullivan, William)
May 24, 2021 Filing 21 JOINDER by Cooney & Conway Matching Claimants, joining in #20 Motion to Quash, #1 Motion to Quash,,, Joinder and Motion in Support of Quashing or Limiting Bestwall/Georgia Pacific Subpoenas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Certificate of Compliance, #9 Certificate of Service)(Hogan, Daniel)
May 24, 2021 Filing 20 (EXHIBIT A HAS BEEN AMENDED - SEE D.I. #27 ) MOTION to Quash Joinder and Motion to Quash or Modify Subpoenas, or Alternatively for Protective Order - filed by Matching Claimants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order, #8 Certificate of Compliance, #9 Certificate of Service)(Hogan, Daniel) Modified on 6/1/2021 (fms).
May 24, 2021 Filing 19 JOINDER by Jacobs & Crumplar, P.A., joining in #14 Answering Brief in Opposition,,, #1 Motion to Quash,,, #4 Motion to Transfer Case . (Attachments: #1 Certificate of Service)(Warner, Raeann)
May 14, 2021 Filing 18 OBJECTIONS by Bestwall, LLC to #17 Joinder, - Response to Joinder of the Kazan McClain Firm. (Attachments: #1 Exhibit A)(Stover, Chad)
May 12, 2021 Filing 17 JOINDER by Kazan, McClain, Satterley & Greenwood, PLC, joining in #14 Answering Brief in Opposition,,, #1 Motion to Quash,,, #15 Reply to Response to Motion,, Joinder of the Kazan McClain Firm in (I) Motion of Third Party Asbestos Trusts to Quash or Modify Subpoenas and (II) Third Party Trusts Answering Brief in Opposition to Bestwall LLCs Motion to Transfer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sullivan, William)
May 12, 2021 Filing 16 REPLY BRIEF re #4 MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina filed by Bestwall, LLC. (Stover, Chad)
May 10, 2021 Filing 15 REPLY to Response to Motion re #1 MOTION to Quash filed by The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, The Celotex Asbestos Settlement Trust, The DII Industries, LLC Asbestos PI Trust, The Federal-Mogul Asbestos Personal Injury Trust, The Flintkote Asbestos Trust, The Owens Corning / Fibreboard Asbestos Personal Injury Trust, The Pittsburgh Corning Corporation Personal Injury Settlement Trust, The United States Gypsum Asbestos Personal Injury Settlement Trust, The WRG Asbestos PI Trust. (Moskow-Schnoll, Beth)
May 7, 2021 Filing 14 ANSWERING BRIEF in Opposition re #4 MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina filed by The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, The Celotex Asbestos Settlement Trust, The DII Industries, LLC Asbestos PI Trust, The Federal-Mogul Asbestos Personal Injury Trust, The Flintkote Asbestos Trust, The Owens Corning / Fibreboard Asbestos Personal Injury Trust, The Pittsburgh Corning Corporation Personal Injury Settlement Trust, The United States Gypsum Asbestos Personal Injury Settlement Trust, The WRG Asbestos PI Trust.Reply Brief due date per Local Rules is 5/14/2021. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Moskow-Schnoll, Beth)
May 3, 2021 Filing 13 APPENDIX re #12 Answering Brief in Opposition by Bestwall, LLC. (Attachments: #1 Appendix Part 1 of 4 (App. 1-381), #2 Appendix Part 2 of 4 (App. 382-492), #3 Appendix Part 3 of 4 (App. 493-677), #4 Appendix Part 4 of 4 (App. 678-931))(Stover, Chad)
May 3, 2021 Filing 12 ANSWERING BRIEF in Opposition re #1 MOTION to Quash filed by Bestwall, LLC.Reply Brief due date per Local Rules is 5/10/2021. (Stover, Chad)
April 30, 2021 Opinion or Order Filing 11 ORDER: 1. The Motion to Extend (D.I. #7 ) is DENIED. 2. The Motion to Expedite (D.I. #9 ) is GRANTED. The Court will consider the Motion to Transfer (D.I. #4 ) on an expedited basis as well. 3. Bestwall LLC shall file its response to the Motion to Quash (D.I. #1 ) on or before May 3, 2021, and the Third Party Trusts shall file their reply in further support of the Motion to Quash on or before May 10, 2021. 4. The Third Party Trusts shall file their response to the Motion to Transfer (D.I. #4 ) on or before May 7, 2021, and Bestwall shall file its reply in further support of the Motion to Transfer on or before May 14, 2021. Signed by Judge Colm F. Connolly on 4/30/2021. (nmf)
April 28, 2021 Filing 10 REPLY to Response to Motion re #7 MOTION for Extension of Time to File Response/Reply as to #1 MOTION to Quash filed by Bestwall, LLC. (Stover, Chad)
April 26, 2021 Filing 9 RESPONSE to Motion re #7 MOTION for Extension of Time to File Response/Reply as to #1 MOTION to Quash Third Party Trusts Request for Expedited Treatment and Opposition to Bestwall LLCs Motion to Extend filed by The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, The Celotex Asbestos Settlement Trust, The DII Industries, LLC Asbestos PI Trust, The Federal-Mogul Asbestos Personal Injury Trust, The Flintkote Asbestos Trust, The Owens Corning / Fibreboard Asbestos Personal Injury Trust, The Pittsburgh Corning Corporation Personal Injury Settlement Trust, The United States Gypsum Asbestos Personal Injury Settlement Trust, The WRG Asbestos PI Trust. (Attachments: #1 Text of Proposed Order)(Moskow-Schnoll, Beth)
April 26, 2021 Opinion or Order SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Garland S. Cassada and Stuart L. Pratt filed by Bestwall, LLC. Signed by Judge Colm F. Connolly on 4/26/2021. (fms)
April 23, 2021 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Garland S. Cassada and Stuart L. Pratt - filed by Bestwall, LLC. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice (Garland S. Cassada), #2 Certification by Counsel to be Admitted Pro Hac Vice (Stuart L. Pratt))(Stover, Chad)
April 23, 2021 Filing 7 MOTION for Extension of Time to File Response/Reply as to #1 MOTION to Quash - filed by Bestwall, LLC. (Attachments: #1 Text of Proposed Order)(Stover, Chad)
April 23, 2021 Filing 6 DECLARATION re #5 Opening Brief in Support, // Declaration of Stuart L Pratt by Bestwall, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Stover, Chad)
April 23, 2021 Filing 5 OPENING BRIEF in Support re #4 MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina filed by Bestwall, LLC.Answering Brief/Response due date per Local Rules is 5/7/2021. (Stover, Chad)
April 23, 2021 Filing 4 MOTION to Transfer Case to United States Bankruptcy Court for the Western District of North Carolina - filed by Bestwall, LLC. (Attachments: #1 Text of Proposed Order)(Stover, Chad)
April 21, 2021 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
April 20, 2021 Filing 3 JOINDER by The DII Industries, LLC Asbestos PI Trust, joining in #1 Motion to Quash,,, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Moskow-Schnoll, Beth)
April 20, 2021 Remark: Case submitted for routine judicial assignment (sam)
April 19, 2021 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam)
April 19, 2021 Filing 1 MOTION of Third Party Asbestos Trusts to Quash or Modify Subpoenas - filed by The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The Babcock & Wilcox Company Asbestos PI Trust, The Celotex Asbestos Settlement Trust, The Federal-Mogul Asbestos Personal Injury Trust, The Flintkote Asbestos Trust, The Owens Corning / Fibreboard Asbestos Personal Injury Trust, The Pittsburgh Corning Corporation Personal Injury Settlement Trust, The United States Gypsum Asbestos Personal Injury Settlement Trust, The WRG Asbestos PI Trust. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Certificate of Service)(sam)

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Petitioner: The Flintkote Asbestos Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The WRG Asbestos PI Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The Owens Corning / Fibreboard Asbestos Personal Injury Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The Babcock & Wilcox Company Asbestos PI Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The DII Industries, LLC Asbestos PI Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The Pittsburgh Corning Corporation Personal Injury Settlement Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The United States Gypsum Asbestos Personal Injury Settlement Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The Federal-Mogul Asbestos Personal Injury Trust
Represented By: Beth Moskow-Schnoll
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Petitioner: The Celotex Asbestos Settlement Trust
Represented By: Beth Moskow-Schnoll
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Respondent: Bestwall, LLC
Represented By: Chad S.C. Stover
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