Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 10/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
DAN ALBASRY, as Trustee of the Estate of NEWAL AL
SAAD, and FIRAS MOHAMMAD,
Plaintiff(s), Index No.: 190002/2023
-against-
BARRETTS MINERALS INC., et al.,
Defendants.
---------------------------------------------------------------------X
NOTICE OF AGREED ORDER ENJOINING CERTAIN ACTIONS AGAINST
MINERALS TECHNOLOGIES INC. AND SPECIALTY MINERALS INC.
PLEASE BE ADVISED that, on October 19, 2023, the Honorable Marvin Isgur, United
States Bankruptcy Judge for the Southern District of Texas (the “Bankruptcy Court”) entered an
Agreed Order Enjoining Certain Actions Against Non-Debtors (the “Agreed Order”) in the action
captioned Barretts Minerals Inc. v. Those Parties Listed in Appendix A to Complaint, Adv. Pro.
No. 23-03225. A true and accurate copy of the Agreed Order is attached hereto as Exhibit A.
PLEASE BE FURTHER ADVISED that, pursuant to the Agreed Order, the continued
prosecution of the above-captioned action, including, for the avoidance of doubt, as it relates to
any discovery or other pretrial motion practice or proceedings, has been enjoined as against
Minerals Technologies Inc., Specialty Minerals Inc., and any other non-debtor subsidiaries of
Minerals Technologies Inc. through and until the Bankruptcy Court’s further consideration of
certain relief that will be the subject of a hearing before the Bankruptcy Court on November 14,
2023, which date may be extended for good cause, by order of the Bankruptcy Court, or by consent
of the parties.
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Dated: White Plains, New York
October 20, 2023
By: Joan M. Gasior, Esq.
RENZULLI LAW FIRM, LLP
One North Broadway, Suite 1005
White Plains, NY 10601
Telephone: (914) 285-0700
Facsimile: (914) 285-1213
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Exhibit A
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United States Bankruptcy Court
Southern District of Texas
ENTERED
IN THE UNITED STATES BANKRUPTCY COURT October 19, 2023
FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk
HOUSTON DIVISION
------------------------------------------------------------ x
In re: : Chapter 11
:
BARRETTS MINERALS INC., et al.,1 : Case No. 23-90794 (MI)
:
Debtors. : (Jointly Administered)
:
------------------------------------------------------------ x
:
BARRETTS MINERALS INC., et al., :
: Adv. Pro. No. 23-03225
Plaintiffs, :
:
v.
:
THOSE PARTIES LISTED IN APPENDIX A TO :
COMPLAINT and JOHN AND JANE DOES 1- :
1000,2 :
:
Defendants. :
:
------------------------------------------------------------ x
AGREED ORDER ENJOINING
CERTAIN ACTIONS AGAINST NON-DEBTORS
(Relates to Adv. Docket No. 2)
1
The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification
number, are: Barretts Minerals Inc. (8715) and Barretts Ventures Texas LLC (0787). The Debtors’
address is 5605 North MacArthur Boulevard, Suite 1000, PMB 139, Irving, Texas 75038.
2
A complete list of the Defendants is set forth in the caption of the Debtors’ Adversary Complaint for
Declaratory and Injunctive Relief Pursuant to 11 U.S.C. § 105 [Adv. D.I. 1] (“Complaint”) and in
Appendix A thereto.
1
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On October 9, 2023, the Debtors in the above-captioned chapter 11 cases (the “Chapter
11 Cases”), Barretts Ventures Texas LLC (“BVT”) and Barretts Minerals Inc. (“BMI,” and
together with BVT, the “Debtors”), filed the Complaint in the above-captioned adversary
proceeding along with the Emergency Motion for (I) an Order (A) Declaring that the Automatic
Stay Prohibits Certain Actions Against Non-Debtors or, in the Alternative, (B) Preliminarily
Enjoining Such Actions Pursuant to 11 U.S.C. § 105, and (II) a Temporary Restraining Order
Enjoining Certain Actions Against Non-Debtors [Adv. Docket No. 2] (the “Motion”).
On October 11, 2023, at the noticed emergency hearing on the Motion for entry of a
temporary restraining order enjoining (i) the continued prosecution of the actions identified in
Appendix A to the Complaint (the “Talc Actions”); (ii) the filing of any actions during the
pendency of the Chapter 11 Cases that in any way relate to or arise out of the talc mined,
beneficiated, processed, or sold by BMI (together with the Talc Actions, the “Covered Actions”)
as against Minerals Technologies Inc. (“MTI”), Specialty Minerals Inc. (“SMI”), and any other
non-debtor subsidiaries of MTI (the “MTI Affiliates” and, together with MTI and SMI, the “BMI
Affiliates”); and (iii) the expansion of any currently-pending Covered Action to name as a party
any BMI Affiliate, the parties agreed to entry of an order providing for limited relief on the specific
terms set forth below.
This Court having jurisdiction over this matter pursuant to 28 U.S.C. § 1334; and this Court
having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b); and this Court having
found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C.
§ 1409; and the Court having found that the Debtors provided appropriate notice of the Motion
and the opportunity for a hearing on the Motion under the circumstances and that no other or
further notice is necessary; and this Court having found that this Court may enter a final order in
2
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this matter; and upon all of the proceedings had before this Court; and after due deliberation and
sufficient cause appearing therefor, it is HEREBY ORDERED THAT:
1. The continued prosecution (including, for the avoidance of doubt, as it relates to
any discovery or other pretrial motion practice or proceedings) of any Covered Action, the naming
of any BMI Affiliates in any Covered Action, and/or the filing of any additional Covered Actions
against any BMI Affiliate shall be enjoined through and until the Court’s further consideration of
the relief sought in the Motion at the hearing scheduled for November 14, 2023, which date may
be extended for good cause, by order of the Court, or by consent of the parties.
2. For the avoidance of doubt, the relief ordered herein shall apply to all claims
asserted in the actions specified on Appendix A to the Complaint and any other Covered Actions,
regardless of whether such action has been removed, remanded, transferred, dismissed and refiled
under a different case number, or is on appeal, but shall only apply until the Court considers and
rules on these matters at the hearing scheduled for November 14, 2023, which date may be
extended for good cause, by order of the Court, or by consent of the parties.
3. Pursuant to Rule 7065 of the Federal Rules of Bankruptcy Procedure, the Debtors
are relieved from posting any security pursuant to Rule 65(c) of the Federal Rules of Civil
Procedure.
4. Notwithstanding anything to the contrary in this Order, any party to a Covered
Action, without leave of the Court, may take reasonable steps to perpetuate the testimony of any
person subject to this Order who is not expected to survive the duration of this Order, or who
otherwise is expected to be unable to provide testimony if such testimony is not perpetuated during
the duration of this Order. Notice shall be provided to the Debtors by notifying counsel for the
Debtors of the intent to perpetuate such testimony. The Debtors and the BMI Affiliates shall have
the right to object to the notice on any grounds it would have if it were a party to the underlying
3
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proceeding and not subject to the terms of this Order, and the Debtors and the BMI Affiliates may
raise any such objection with the Court, except that the Debtors and the BMI Affiliates waive
objecting to the use of such testimony based on lack of notice or lack of opportunity to cross-
examine (for the avoidance of doubt the Debtors and the BMI Affiliates shall have the rights
available to them in the underlying proceeding or action – including the right to cross, upon
receiving notice). The use of such testimony in any appropriate jurisdiction shall be subject to the
applicable procedural and evidentiary rules of such jurisdiction. All parties reserve and do not
waive any and all objections with respect to such testimony. For the avoidance of doubt,
Defendants or other individuals asserting Covered Actions may not seek to perpetuate the
testimony of representatives, including directors, officers, employees and agents of the Debtors or
the BMI Affiliates without the consent of the Debtors or an order of the Court.
5. Any party may bring a motion on an emergency basis seeking relief from this Order
to address exigent circumstances.
6. Upon appointment by the Office of the United States Trustee, the Official
Committee of Talc Claimants shall have standing to be heard in connection with the above-
captioned adversary proceeding.
7. The deadline to file any answer or other response to the Complaint is tolled pending
the Court’s further consideration of the Motion on November 14, 2023.
8. Nothing in this Order shall limit, restrict, restrain or otherwise enjoin Pfizer Inc.
from enforcing its rights, if any, including commencing action against MTI in respect of that
certain Reorganization Agreement between Pfizer Inc. and MTI, dated as of September 28, 1992,
as amended. For the avoidance of doubt, all parties’ rights are preserved as to the application of
section 362(a) of the Bankruptcy Code to any such enforcement by Pfizer against MTI and neither
MTI nor any Debtor shall be deemed to have waived the application of the automatic stay with
4
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respect to any such enforcement. Nor should this Order be read to bar any actions pending against
Pfizer or to be filed against Pfizer.
9. Nothing in this Order shall prejudice the rights, objections, arguments, defenses, of
any party-in-interest, including the Debtors, to prosecute, object to, or respond to the Motion ahead
of and at the November 14, 2023 hearing on the Motion.
10. This Order shall be immediately effective and enforceable upon its entry.
11. The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Order in accordance with the Motion.
12. The Debtors shall cause a copy of this Order to be served via e-mail, facsimile,
hand delivery or overnight carrier on counsel for the known Defendants and the Office of the
United States Trustee within three (3) business days after entry of this Order on the Court’s docket.
13. This Court retains exclusive jurisdiction with respect to all matters arising from or
related to the implementation, interpretation, and enforcement of this Order.
Signed: October 19,
17, 2023
2018
Signed: __________, 2023 ______________________________________
MARVIN____________________________________
ISGUR
Marvin Isgur JUDGE
UNITED STATES BANKRUPTCY
United States Bankruptcy Judge
5
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AGREED:
LATHAM & WATKINS LLP
/s/ Amy C. Quartarolo
Jeffrey E. Bjork (admitted pro hac vice)
Kimberly A. Posin (admitted pro hac vice)
Amy C. Quartarolo (admitted pro hac vice)
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071
Telephone: (213) 485-1234
Facsimile: (213) 891-8763
Email: jeff.bjork@lw.com
kim.posin@lw.com
amy.quartarolo@lw.com
- and -
PORTER HEDGES LLP
John F. Higgins (TX Bar No. 09597500)
Megan Young-John (TX Bar No. 24088700)
Bryan L. Rochelle (TX Bar No. 24107979)
James A. Keefe (TX Bar No. 24122842)
1000 Main Street, 36th Floor
Houston, Texas 77002
Telephone: (713) 226-6000
Email: jhiggins@porterhedges.com
myoung-john@porterhedges.com
brochelle@porterhedges.com
jkeefe@porterhedges.com
Proposed Counsel to the Debtors
BROWN RUDNICK LLP
/s/ Jeffrey L. Jonas
David J. Molton pro hac vice admission pending)
Jeffrey L. Jonas (pro hac vice admission pending)
Gerard T. Cicero (pro hac vice admission pending)
Seven Times Square
New York, NY 10036
Telephone: 212-209-4800
Facsimile: 212-209-4801
Email: dmolton@brownrudnick.com
jjonas@brownrudnick.com
gcicero@brownrudnick.com
Counsel to the Ad Hoc Plaintiffs’ Group
6
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Preview
FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 10/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS MOHAMMAD, Plaintiff(s), Index No.: 190002/2023 -against- BARRETTS MINERALS INC., et al., Defendants. ---------------------------------------------------------------------X NOTICE OF AGREED ORDER ENJOINING CERTAIN ACTIONS AGAINST MINERALS TECHNOLOGIES INC. AND SPECIALTY MINERALS INC. PLEASE BE ADVISED that, on October 19, 2023, the Honorable Marvin Isgur, United States Bankruptcy Judge for the Southern District of Texas (the “Bankruptcy Court”) entered an Agreed Order Enjoining Certain Actions Against Non-Debtors (the “Agreed Order”) in the action captioned Barretts Minerals Inc. v. Those Parties Listed in Appendix A to Complaint, Adv. Pro. No. 23-03225. A true and accurate copy of the Agreed Order is attached hereto as Exhibit A. PLEASE BE FURTHER ADVISED that, pursuant to the Agreed Order, the continued prosecution of the above-captioned action, including, for the avoidance of doubt, as it relates to any discovery or other pretrial motion practice or proceedings, has been enjoined as against Minerals Technologies Inc., Specialty Minerals Inc., and any other non-debtor subsidiaries of Minerals Technologies Inc. through and until the Bankruptcy Court’s further consideration of certain relief that will be the subject of a hearing before the Bankruptcy Court on November 14, 2023, which date may be extended for good cause, by order of the Bankruptcy Court, or by consent of the parties. 1 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 10/20/2023 Dated: White Plains, New York October 20, 2023 By: Joan M. Gasior, Esq. RENZULLI LAW FIRM, LLP One North Broadway, Suite 1005 White Plains, NY 10601 Telephone: (914) 285-0700 Facsimile: (914) 285-1213 2 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 10/20/2023 Exhibit A 3 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 Case 23-03225 Document 16 Filed in TXSB on 10/19/23 Page NYSCEF DOC. NO. 182 1 of 6 RECEIVED NYSCEF: 10/20/2023 United States Bankruptcy Court Southern District of Texas ENTERED IN THE UNITED STATES BANKRUPTCY COURT October 19, 2023 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION ------------------------------------------------------------ x In re: : Chapter 11 : BARRETTS MINERALS INC., et al.,1 : Case No. 23-90794 (MI) : Debtors. : (Jointly Administered) : ------------------------------------------------------------ x : BARRETTS MINERALS INC., et al., : : Adv. Pro. No. 23-03225 Plaintiffs, : : v. : THOSE PARTIES LISTED IN APPENDIX A TO : COMPLAINT and JOHN AND JANE DOES 1- : 1000,2 : : Defendants. : : ------------------------------------------------------------ x AGREED ORDER ENJOINING CERTAIN ACTIONS AGAINST NON-DEBTORS (Relates to Adv. Docket No. 2) 1 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, are: Barretts Minerals Inc. (8715) and Barretts Ventures Texas LLC (0787). The Debtors’ address is 5605 North MacArthur Boulevard, Suite 1000, PMB 139, Irving, Texas 75038. 2 A complete list of the Defendants is set forth in the caption of the Debtors’ Adversary Complaint for Declaratory and Injunctive Relief Pursuant to 11 U.S.C. § 105 [Adv. D.I. 1] (“Complaint”) and in Appendix A thereto. 1 4 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 Case 23-03225 Document 16 Filed in TXSB on 10/19/23 Page NYSCEF DOC. NO. 182 2 of 6 RECEIVED NYSCEF: 10/20/2023 On October 9, 2023, the Debtors in the above-captioned chapter 11 cases (the “Chapter 11 Cases”), Barretts Ventures Texas LLC (“BVT”) and Barretts Minerals Inc. (“BMI,” and together with BVT, the “Debtors”), filed the Complaint in the above-captioned adversary proceeding along with the Emergency Motion for (I) an Order (A) Declaring that the Automatic Stay Prohibits Certain Actions Against Non-Debtors or, in the Alternative, (B) Preliminarily Enjoining Such Actions Pursuant to 11 U.S.C. § 105, and (II) a Temporary Restraining Order Enjoining Certain Actions Against Non-Debtors [Adv. Docket No. 2] (the “Motion”). On October 11, 2023, at the noticed emergency hearing on the Motion for entry of a temporary restraining order enjoining (i) the continued prosecution of the actions identified in Appendix A to the Complaint (the “Talc Actions”); (ii) the filing of any actions during the pendency of the Chapter 11 Cases that in any way relate to or arise out of the talc mined, beneficiated, processed, or sold by BMI (together with the Talc Actions, the “Covered Actions”) as against Minerals Technologies Inc. (“MTI”), Specialty Minerals Inc. (“SMI”), and any other non-debtor subsidiaries of MTI (the “MTI Affiliates” and, together with MTI and SMI, the “BMI Affiliates”); and (iii) the expansion of any currently-pending Covered Action to name as a party any BMI Affiliate, the parties agreed to entry of an order providing for limited relief on the specific terms set forth below. This Court having jurisdiction over this matter pursuant to 28 U.S.C. § 1334; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. § 157(b); and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. § 1409; and the Court having found that the Debtors provided appropriate notice of the Motion and the opportunity for a hearing on the Motion under the circumstances and that no other or further notice is necessary; and this Court having found that this Court may enter a final order in 2 5 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 Case 23-03225 Document 16 Filed in TXSB on 10/19/23 Page NYSCEF DOC. NO. 182 3 of 6 RECEIVED NYSCEF: 10/20/2023 this matter; and upon all of the proceedings had before this Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT: 1. The continued prosecution (including, for the avoidance of doubt, as it relates to any discovery or other pretrial motion practice or proceedings) of any Covered Action, the naming of any BMI Affiliates in any Covered Action, and/or the filing of any additional Covered Actions against any BMI Affiliate shall be enjoined through and until the Court’s further consideration of the relief sought in the Motion at the hearing scheduled for November 14, 2023, which date may be extended for good cause, by order of the Court, or by consent of the parties. 2. For the avoidance of doubt, the relief ordered herein shall apply to all claims asserted in the actions specified on Appendix A to the Complaint and any other Covered Actions, regardless of whether such action has been removed, remanded, transferred, dismissed and refiled under a different case number, or is on appeal, but shall only apply until the Court considers and rules on these matters at the hearing scheduled for November 14, 2023, which date may be extended for good cause, by order of the Court, or by consent of the parties. 3. Pursuant to Rule 7065 of the Federal Rules of Bankruptcy Procedure, the Debtors are relieved from posting any security pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. 4. Notwithstanding anything to the contrary in this Order, any party to a Covered Action, without leave of the Court, may take reasonable steps to perpetuate the testimony of any person subject to this Order who is not expected to survive the duration of this Order, or who otherwise is expected to be unable to provide testimony if such testimony is not perpetuated during the duration of this Order. Notice shall be provided to the Debtors by notifying counsel for the Debtors of the intent to perpetuate such testimony. The Debtors and the BMI Affiliates shall have the right to object to the notice on any grounds it would have if it were a party to the underlying 3 6 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 Case 23-03225 Document 16 Filed in TXSB on 10/19/23 Page NYSCEF DOC. NO. 182 4 of 6 RECEIVED NYSCEF: 10/20/2023 proceeding and not subject to the terms of this Order, and the Debtors and the BMI Affiliates may raise any such objection with the Court, except that the Debtors and the BMI Affiliates waive objecting to the use of such testimony based on lack of notice or lack of opportunity to cross- examine (for the avoidance of doubt the Debtors and the BMI Affiliates shall have the rights available to them in the underlying proceeding or action – including the right to cross, upon receiving notice). The use of such testimony in any appropriate jurisdiction shall be subject to the applicable procedural and evidentiary rules of such jurisdiction. All parties reserve and do not waive any and all objections with respect to such testimony. For the avoidance of doubt, Defendants or other individuals asserting Covered Actions may not seek to perpetuate the testimony of representatives, including directors, officers, employees and agents of the Debtors or the BMI Affiliates without the consent of the Debtors or an order of the Court. 5. Any party may bring a motion on an emergency basis seeking relief from this Order to address exigent circumstances. 6. Upon appointment by the Office of the United States Trustee, the Official Committee of Talc Claimants shall have standing to be heard in connection with the above- captioned adversary proceeding. 7. The deadline to file any answer or other response to the Complaint is tolled pending the Court’s further consideration of the Motion on November 14, 2023. 8. Nothing in this Order shall limit, restrict, restrain or otherwise enjoin Pfizer Inc. from enforcing its rights, if any, including commencing action against MTI in respect of that certain Reorganization Agreement between Pfizer Inc. and MTI, dated as of September 28, 1992, as amended. For the avoidance of doubt, all parties’ rights are preserved as to the application of section 362(a) of the Bankruptcy Code to any such enforcement by Pfizer against MTI and neither MTI nor any Debtor shall be deemed to have waived the application of the automatic stay with 4 7 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 Case 23-03225 Document 16 Filed in TXSB on 10/19/23 Page NYSCEF DOC. NO. 182 5 of 6 RECEIVED NYSCEF: 10/20/2023 respect to any such enforcement. Nor should this Order be read to bar any actions pending against Pfizer or to be filed against Pfizer. 9. Nothing in this Order shall prejudice the rights, objections, arguments, defenses, of any party-in-interest, including the Debtors, to prosecute, object to, or respond to the Motion ahead of and at the November 14, 2023 hearing on the Motion. 10. This Order shall be immediately effective and enforceable upon its entry. 11. The Debtors are authorized to take all actions necessary to effectuate the relief granted in this Order in accordance with the Motion. 12. The Debtors shall cause a copy of this Order to be served via e-mail, facsimile, hand delivery or overnight carrier on counsel for the known Defendants and the Office of the United States Trustee within three (3) business days after entry of this Order on the Court’s docket. 13. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Signed: October 19, 17, 2023 2018 Signed: __________, 2023 ______________________________________ MARVIN____________________________________ ISGUR Marvin Isgur JUDGE UNITED STATES BANKRUPTCY United States Bankruptcy Judge 5 8 of 9 FILED: NEW YORK COUNTY CLERK 10/20/2023 03:37 PM INDEX NO. 190002/2023 Case 23-03225 Document 16 Filed in TXSB on 10/19/23 Page NYSCEF DOC. NO. 182 6 of 6 RECEIVED NYSCEF: 10/20/2023 AGREED: LATHAM & WATKINS LLP /s/ Amy C. Quartarolo Jeffrey E. Bjork (admitted pro hac vice) Kimberly A. Posin (admitted pro hac vice) Amy C. Quartarolo (admitted pro hac vice) 355 South Grand Avenue, Suite 100 Los Angeles, CA 90071 Telephone: (213) 485-1234 Facsimile: (213) 891-8763 Email: jeff.bjork@lw.com kim.posin@lw.com amy.quartarolo@lw.com - and - PORTER HEDGES LLP John F. Higgins (TX Bar No. 09597500) Megan Young-John (TX Bar No. 24088700) Bryan L. Rochelle (TX Bar No. 24107979) James A. Keefe (TX Bar No. 24122842) 1000 Main Street, 36th Floor Houston, Texas 77002 Telephone: (713) 226-6000 Email: jhiggins@porterhedges.com myoung-john@porterhedges.com brochelle@porterhedges.com jkeefe@porterhedges.com Proposed Counsel to the Debtors BROWN RUDNICK LLP /s/ Jeffrey L. Jonas David J. Molton pro hac vice admission pending) Jeffrey L. Jonas (pro hac vice admission pending) Gerard T. Cicero (pro hac vice admission pending) Seven Times Square New York, NY 10036 Telephone: 212-209-4800 Facsimile: 212-209-4801 Email: dmolton@brownrudnick.com jjonas@brownrudnick.com gcicero@brownrudnick.com Counsel to the Ad Hoc Plaintiffs’ Group 6 9 of 9