In re: Bestwall, LLC
Petitioner: The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust, The Celotex Asbestos Settlement Trust, The Flintkote Asbestos Trust, The Pittsburgh Corning Corporation Personal Injury Settlement Trust, The WRG Asbestos PI Trust, The Federal-Mogul Asbestos Personal Injury Trust, The Babcock & Wilcox Company Asbestos PI Trust, The United States Gypsum Asbestos Personal Injury Settlement Trust, The Owens Corning / Fibreboard Asbestos Personal Injury Trust and The DII Industries, LLC Asbestos PI Trust
Respondent: Bestwall, LLC
Interested Party: Kazan, McClain, Satterley & Greenwood, PLC, Jacobs & Crumplar, P.A., Matching Claimants, Cooney & Conway Matching Claimants and Moving Claimants
Case Number: 3:2022mc00164
Filed: September 27, 2022
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
Nature of Suit: Other Statutory Actions
Cause of Action: Motion to Quash
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2022 Opinion or Order Filing 80 Order that this matter is REFERRED to the United States Bankruptcy Court for the Western District of North Carolina. The Clerk of Court is directed to close this case. Signed by District Judge Robert J. Conrad, Jr on 9/30/2022. (brl)
October 3, 2022 Opinion or Order Filing 79 ORDER granting #78 Motion for Leave to Appear Pro Hac Vice added Daniel K. Hogan for Matching Claimants (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 9/30/2022. (mek)
October 3, 2022 Notice to Daniel K. Hogan: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 10/11/2022. (mek)
September 30, 2022 Filing 78 MOTION for Leave to Appear Pro Hac Vice as to Daniel K. Hogan Filing fee $ 288, receipt number ANCWDC-5767763. by Matching Claimants. (Waldrep, Thomas). Motions referred to David S. Cayer.
September 27, 2022 Filing 77 Case transferred in from District of Delaware; Case Number 1:21-mc-00141. Original electronic file and docket sheet received.
September 27, 2022 Opinion or Order ORAL ORDER re (51 in 1:22-mc-00139-CFC, 40 in 1:22-mc-00308-CFC, 76 in 1:21-mc-00141-CFC) Memorandum Order. IT IS ORDERED that miscellaneous case numbers 1:22-mc-00139-CFC, 1:22-mc-00308-CFC and 1:21-mc-00141-CFC are transferred to the United States District Court for the Western District of North Carolina for transfer to the United States Bankruptcy Court for the Western District of North Carolina. Ordered by Judge Colm F. Connolly on 9/27/2022. Associated Cases: 1:21-mc-00141-CFC, 1:22-mc-00139-CFC, 1:22-mc-00308-CFC(nmf) [Transferred from Delaware on 9/27/2022.]
September 27, 2022 Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Motions referred to David S. Cayer: #64 MOTION for Joinder, #53 MOTION to Stay , #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) , #52 MOTION to Quash or Modify Subpoenas, #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) This is your only notice - you will not receive a separate document.(rth)
September 27, 2022 Notice to Beth Moskow-Schnoll, Tyler B. Burns, Kevin Gross, Chad S.C. Stover, Kelly E. Farnan: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 10/4/2022. (rth)
September 26, 2022 Opinion or Order Filing 76 MEMORANDUM ORDER. (i) All remaining subpoena-related motions in Misc. No. 21-141-CFC, are TRANSFERRED to the Issuing Court; (ii) The Aldrich Motion to Transfer (Misc. No. 22-139-CFC, D.I. 16) is GRANTED; and (iii) The DBMP Motion to Transfer (Misc. No. 22-308-CFC, D.I. 17) is GRANTED. Signed by Judge Colm F. Connolly on 9/26/2022. Associated Cases: 1:21-mc-00141-CFC, 1:22-mc-00139-CFC, 1:22-mc-00308-CFC(kmd) [Transferred from Delaware on 9/27/2022.]
July 19, 2022 Filing 75 Letter to The Honorable Colm F. Connolly from Beth Moskow-Schnoll regarding Response to Bestwall's July 14, 2022 letter - re #74 Letter. (Burns, Tyler) [Transferred from Delaware on 9/27/2022.]
July 14, 2022 Filing 74 Letter to The Honorable Colm F. Connolly from Kelly E. Farnan regarding Third Party Asbestos Trusts Motion to Stay - re #53 MOTION to Stay . (Attachments: #1 Exhibit A)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
June 14, 2022 Filing 73 REPLY to Response to Motion re #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) filed by Matching Claimants. (Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
June 14, 2022 Filing 72 REPLY to Response to Motion re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) filed by Matching Claimants. (Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
June 10, 2022 Filing 71 Letter to The Honorable Colm F. Connolly from Beth Moskow-Schnoll regarding Oral Argument - re #69 Letter, #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder), #53 MOTION to Stay , #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) , #52 MOTION to Quash or Modify Subpoenas, #65 Joinder. (Moskow-Schnoll, Beth) [Transferred from Delaware on 9/27/2022.]
June 9, 2022 Filing 70 Letter to Chief Judge Connolly from Daniel K. Hogan regarding Oral Arguments - re #69 Letter, #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder), #53 MOTION to Stay , #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) , #52 MOTION to Quash or Modify Subpoenas, #64 MOTION for Joinder. (Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
June 8, 2022 Filing 69 Letter to The Honorable Colm F. Connolly from Kelly E. Farnan regarding Request Oral Argument - re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder), #53 MOTION to Stay , #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) , #52 MOTION to Quash or Modify Subpoenas, #64 MOTION for Joinder. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
June 7, 2022 Filing 68 ANSWERING BRIEF in Opposition re #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) filed by Bestwall, LLC.Reply Brief due date per Local Rules is 6/14/2022. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
June 7, 2022 Filing 67 ANSWERING BRIEF in Opposition re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) filed by Bestwall, LLC.Reply Brief due date per Local Rules is 6/14/2022. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
June 3, 2022 Filing 66 Letter to Chief Judge Connolly from Daniel K. Hogan regarding Motion to Quash - re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder), #63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) . (Attachments: #1 Exhibit A- Amended)(Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
June 3, 2022 Filing 65 JOINDER by Kazan, McClain, Satterley & Greenwood, PLC, joining in #63 Motion for Miscellaneous Relief, the Matching Claimants Motion to Proceed Anonymously. (Sullivan, William) [Transferred from Delaware on 9/27/2022.]
June 3, 2022 Remark: The request for joinder at D.I. #64 has been made into a pending motion per request of filer. (nmf) [Transferred from Delaware on 9/27/2022.]
June 2, 2022 Filing 64 MOTION FOR JOINDER by Kazan, McClain, Satterley & Greenwood, PLC, joining in #62 Motion to Quash, #52 Motion to Quash,, . (Attachments: #1 Exhibit A, #2 Exhibit B)(Sullivan, William) Modified on 6/3/2022 (nmf). [Transferred from Delaware on 9/27/2022.]
May 27, 2022 Filing 63 MOTION to Proceed Anonymously re #62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) - filed by Matching Claimants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
May 27, 2022 Filing 62 MOTION to Quash (Motion to Quash or Modify Subpoenas and Joinder) - filed by Matching Claimants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
May 26, 2022 Filing 61 JOINDER by Kazan, McClain, Satterley & Greenwood, PLC, joining in #53 Motion to Stay,, #58 Reply to Response to Motion,, . (Sullivan, William) [Transferred from Delaware on 9/27/2022.]
May 25, 2022 Filing 60 REPLY to Response to Motion re #52 MOTION 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 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) [Transferred from Delaware on 9/27/2022.]
May 23, 2022 Filing 59 JOINDER by Matching Claimants, joining in #53 Motion to Stay,, #58 Reply to Response to Motion,, . (Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
May 23, 2022 Filing 58 REPLY to Response to Motion re #53 MOTION to Stay 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) [Transferred from Delaware on 9/27/2022.]
May 18, 2022 Filing 57 DECLARATION re #56 Memorandum in Opposition, #55 Answering Brief in Opposition Kelly E. Farnan by Bestwall, LLC. (Attachments: #1 Exhibit 1-8)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
May 18, 2022 Filing 56 MEMORANDUM in Opposition re #53 MOTION to Stay filed by Bestwall, LLC.Reply Brief due date per Local Rules is 5/25/2022. (Attachments: #1 Exhibit 1)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
May 18, 2022 Filing 55 ANSWERING BRIEF in Opposition re #52 MOTION to Quash or Modify Subpoenas filed by Bestwall, LLC.Reply Brief due date per Local Rules is 5/25/2022. (Attachments: #1 Exhibit A-D)(Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
May 12, 2022 Filing 54 Official Transcript of Teleconference held on May 9, 2022 before Judge Colm F. Connolly. Court Reporter/Transcriber Bonnie Archer,Email: bonnie_archer@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (Archer, Bonnie) [Transferred from Delaware on 9/27/2022.]
May 11, 2022 Remark: DI #53 main document replaced per counsel's request. (mpb) [Transferred from Delaware on 9/27/2022.]
May 10, 2022 Filing 53 MOTION to Stay - 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)(Burns, Tyler) (Main Document 53 replaced on 5/11/2022) (mpb). [Transferred from Delaware on 9/27/2022.]
May 10, 2022 Filing 52 MOTION 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 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 Exhibit A, #2 Text of Proposed Order)(Burns, Tyler) [Transferred from Delaware on 9/27/2022.]
May 10, 2022 Filing 51 NOTICE of Appearance by Tyler B. Burns on behalf of 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 (Burns, Tyler) [Transferred from Delaware on 9/27/2022.]
May 9, 2022 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 5/9/2022. (Court Reporter Bonnie Archer.) (nmf) [Transferred from Delaware on 9/27/2022.]
May 9, 2022 Filing 50 NOTICE of Appearance by Kelly E. Farnan on behalf of Bestwall, LLC (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
May 9, 2022 Filing 49 Letter to Chief Judge Connolly from Kelly Farnan regarding request for discovery conference - re #47 Letter, #48 Letter. (Farnan, Kelly) [Transferred from Delaware on 9/27/2022.]
May 9, 2022 Set Hearings: A Telephone Conference is set for 5/9/2022 at 04:00 PM Telephonically before Judge Colm F. Connolly. (nmf) [Transferred from Delaware on 9/27/2022.]
May 6, 2022 Filing 48 Letter to The Honorable Colm F. Connolly from Beth Moskow-Schnoll regarding Bestwall's May 3, 2022 Letter. (Moskow-Schnoll, Beth) [Transferred from Delaware on 9/27/2022.]
May 4, 2022 CORRECTING ENTRY: D.I. #47 replaced per counsels request. (apk) [Transferred from Delaware on 9/27/2022.]
May 3, 2022 Filing 47 Letter to The Honorable Colm F. Connolly from Kelly E. Farnan regarding request for discovery conference. (Farnan, Kelly) (Main Document 47 replaced on 5/4/2022) (apk). [Transferred from Delaware on 9/27/2022.]
July 23, 2021 Filing 46 NOTICE requesting Clerk to remove Stuart L. Pratt as co-counsel.. (Stover, Chad) [Transferred from Delaware on 9/27/2022.]
July 16, 2021 Opinion or Order Filing 45 ORDER denying #36 Motion to Amend/Correct. Signed by Judge Colm F. Connolly on 7/16/2021. (nmf) [Transferred from Delaware on 9/27/2022.]
July 13, 2021 Filing 44 RESPONSE to Motion re #36 MOTION to Amend/Correct #33 Order,, #30 Order on Motion to Transfer Case, Order on Motion to Quash, // Motion to Amend Prior Orders to Approve Revised Subpoena for Asbestos Trust Data (Joinder and Opposition to Motion to Amend Prior Orders) filed by Matching Claimants. (Attachments: #1 Text of Proposed Order)(Hogan, Daniel) [Transferred from Delaware on 9/27/2022.]
July 13, 2021 Filing 43 JOINDER by Kazan, McClain, Satterley & Greenwood, PLC, joining in #42 Response to Motion,,, of Third Party Trusts in Opposition to Bestwall LLCs Motion To Amend. (Sullivan, William) [Transferred from Delaware on 9/27/2022.]
July 12, 2021 Filing 42 RESPONSE to Motion re #36 MOTION to Amend/Correct #33 Order,, #30 Order on Motion to Transfer Case, Order on Motion to Quash, // Motion to Amend Prior Orders to Approve Revised Subpoena for Asbestos Trust Data 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) [Transferred from Delaware on 9/27/2022.]
July 7, 2021 Opinion or Order Filing 41 ORDER of USCA as to #39 Notice of Appeal (Third Circuit) filed by Bestwall, LLC, staying appeal pursuant to FRAP 4(a)4. (jk) [Transferred from Delaware on 9/27/2022.]
July 7, 2021 Filing 40 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #39 Notice of Appeal (Third Circuit) filed by Bestwall, LLC. USCA Case Number 21-2263. USCA Case Manager: James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (jk) [Transferred from Delaware on 9/27/2022.]
July 1, 2021 Filing 39 NOTICE OF APPEAL of #29 Memorandum and Order, #30 Order on Motion to Transfer Case, Order on Motion to Quash, . Appeal filed by Bestwall, LLC. (Stover, Chad) [Transferred from Delaware on 9/27/2022.]
July 1, 2021 APPEAL - Credit Card Payment of $505.00 received re #39 Notice of Appeal (Third Circuit) filed by Bestwall, LLC. ( Filing fee $505, receipt number ADEDC-3648475.) (Stover, Chad) [Transferred from Delaware on 9/27/2022.]
June 29, 2021 Filing 38 DECLARATION re #36 MOTION to Amend/Correct #33 Order,, #30 Order on Motion to Transfer Case, Order on Motion to Quash, // Motion to Amend Prior Orders to Approve Revised Subpoena for Asbestos Trust Data // Declaration of Jorge Gallardo-Garcia, Ph.D by Bestwall, LLC. (Attachments: #1 Exhibit 1)(Stover, Chad) [Transferred from Delaware on 9/27/2022.]
June 29, 2021 Filing 37 DECLARATION re #36 MOTION to Amend/Correct #33 Order,, #30 Order on Motion to Transfer Case, Order on Motion to Quash, // Motion to Amend Prior Orders to Approve Revised Subpoena for Asbestos Trust Data // Declaration of Stuart L. Pratt by Bestwall, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stover, Chad) [Transferred from Delaware on 9/27/2022.]
June 29, 2021 Filing 36 MOTION to Amend/Correct #33 Order,, #30 Order on Motion to Transfer Case, Order on Motion to Quash, // Motion to Amend Prior Orders to Approve Revised Subpoena for Asbestos Trust Data - filed by Bestwall, LLC. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Exhibit 2)(Stover, Chad) [Transferred from Delaware on 9/27/2022.]
June 28, 2021 Opinion or Order Filing 35 ORDER denying #34 Motion for Extension of Time to File Notice of Appeal. Signed by Judge Colm F. Connolly on 6/28/2021. (nmf) [Transferred from Delaware on 9/27/2022.]
June 24, 2021 Filing 34 MOTION for Extension of Time to File Notice of Appeal - filed by Bestwall, LLC. (Attachments: #1 Text of Proposed Order)(Stover, Chad) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
June 1, 2021 Filing 29 MEMORANDUM Signed by Judge Colm F. Connolly on 6/1/2021. (nmf) [Transferred from Delaware on 9/27/2022.]
June 1, 2021 CASE CLOSED per D.I. #29 and D.I. #30 . (nmf) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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). [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]
April 20, 2021 Remark: Case submitted for routine judicial assignment (sam) [Transferred from Delaware on 9/27/2022.]
April 19, 2021 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) [Transferred from Delaware on 9/27/2022.]
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) [Transferred from Delaware on 9/27/2022.]

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Search for this case: In re: Bestwall, LLC
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Petitioner: The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The Celotex Asbestos Settlement Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The Flintkote Asbestos Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The Pittsburgh Corning Corporation Personal Injury Settlement Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The WRG Asbestos PI Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The Federal-Mogul Asbestos Personal Injury Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The Babcock & Wilcox Company Asbestos PI Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The United States Gypsum Asbestos Personal Injury Settlement Trust
Represented By: Tyler B. Burns
Represented By: Beth Moskow-Schnoll
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Petitioner: The Owens Corning / Fibreboard Asbestos Personal Injury Trust
Represented By: Beth Moskow-Schnoll
Represented By: Tyler B. Burns
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Petitioner: The DII Industries, LLC Asbestos PI Trust
Represented By: Tyler B. Burns
Represented By: Beth Moskow-Schnoll
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Respondent: Bestwall, LLC
Represented By: Kevin Gross
Represented By: Chad S.C. Stover
Represented By: Kelly E. Farnan
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Interested party: Kazan, McClain, Satterley & Greenwood, PLC
Represented By: William D. Sullivan
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Interested party: Jacobs & Crumplar, P.A.
Represented By: Raeann Warner
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Interested party: Matching Claimants
Represented By: Daniel K. Hogan
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Interested party: Cooney & Conway Matching Claimants
Represented By: Daniel K. Hogan
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Interested party: Moving Claimants
Represented By: Daniel K. Hogan
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