EXIllBITB
Temporary Restraining Order
NAI-1503106182
Case 17-03105 Doc 18 Filed 11/08/17
Document
In re
FILED & JUDGMENT ENTERED Steven T. Salata
November 8 2017
Clerk, U.S. Bankruptcy Court Western District of North Carolina
i~~~
United States Bankruptcy JudgeUNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Chapter II
BESTW ALL LLCI Case No. 17-31795 (LTB) Debtor.
BESTW ALL LLC, Plaintiff,
v.
THOSE PARTIES LISTED ON APPENDIX A TO COMPLAINT and JOHN AND JANE DOES I-1000,
Defendants.
Adv. Pro. No. 17-3105 (LTB)
TEMPORARY RESTRAINING ORDER
This matter comes before the COUlt on the above-captioned debtor's and debtor's in possession (the "Debtor") Complaint for Injunctive and Declaratory Relief (i) Preliminarily Enjoining Certain Actions Against Non-Debtors, 01' (ii) In the Alternative, Declaring That the
The last four digits of the Debtor's taxpayer identification number are 5815. The Debtor's address is 100 Peachtree Street, N.W., Atlanta, GA 30303.
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Automatic Stay Applies to Such Actions and (iii) Granting a Temporary Restraining Order Pending a Full Hearing on the Motion (the "Complaint") and the Debtor's Motion for an Order (i) Preliminarily Enjoining Certain Actions Against Non-Debtors or, (ii) In the Alternative, Declaring that the Automatic Stay Applies to Such Actions and (iii) Granting a Temporary Restraining Order Pending a Full Hearing on the Motion (the "Motion")? The Court having reviewed the Complaint and the Motion, which include a request for a temporary restraining order, as well as (a) the Declaration of J. Joel Mercer, Jr. in Support of Debtor's Complaint to Extend or Apply the Automatic Stay and Related Motions (the "Mercer Declaration") and (b) the Declaration of Tyler L. Woolson in Support of First Day Pleadings (the "First Day Declaration"), filed in the main docket for the Debtor's chapter II case, and, having heard the arguments of counsel at the hearing on November 7, 2017, the COUlt finds and concludes as follows:
A. The plaintiff in this adversary proceeding is Debtor Bestwall LLC. The Defendants in this adversary proceedings are those parties listed on Appendix A to the
Complaint and the Motion, as well as John and Jane Does 1-1000. The Defendants listed on Appendix A are all plaintiffs in lawsuits that seek to hold or may seek to hold the Protected Parties liable for the Bestwall Asbestos Claims. The Protected Parties are listed in Appendix B to the Complaint and the Motion. Defendants John and Jane Does 1-1000 are prospective
plaintiffs who may at any time while the above-captioned chapter 11 case is pending seek to hold the Protected Parties liable for the Bestwall Asbestos Claims. Copies of Appendix A and
Appendix B to the Complaint and the Motion will be made exhibits hereto upon the signing of this Order.
2
Capitalized terms not otherwise defined herein have the meanings given to them in the Motion.
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B. The Debtor seeks, pursuant to sections 105 and 362 ofthe Banktuptcy Code, an order prohibiting the Defendants from continuing or commencing against any ofthe Protected Parties any action or claim asselting, on any theory (whether direct, derivative, joint and several, successor or vicarious liability or otherwise), any Bestwall Asbestos Claims.
C. The COUlt has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding pursuant to 29 U.S.C. § 157(b)(2).
D. Regardless of its diligence, the Debtor cannot realistically provide effective notice to the thousands of named plaintiffs that have commenced or may commence Bestwall Asbestos Claims against the Protected Patties in the shOlt period of time in which this Court's action is needed. Moreover, notice is likely to itself precipitate the very run by the Defendants to bring Bestwall Asbestos Claims against the Protected Patties that this temporary restraining order is requested, and, the Court finds is required, to prevent.
E. FUlther, service on John and Jane Does 1-1000 is impossible because these individuals are putative plaintiffs for future asbestos actions against the Protected Patties and are unknown at this time.
F. Accordingly, this Court finds it appropriate to enter a temporary restraining order with limited notice to the Defendants pursuant to Federal Rule of Civil Procedure 65(b)(l) and Federal Rule of Bankruptcy Procedure 7065.
G. The legal and factual bases set fOlth in the Motion and at the hearing establish just cause for the relief granted herein.
Based on these findings, the Court hereby ORDERS that:
1. The Defendants are prohibited and enjoined from filing or continuing to prosecute any Bestwall Asbestos Claim against the Protected Parties through 28 days from the
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date ofthis Order, during which time the Court will hold a hearing on the Debtor's request for injunctive and/or declaratory relief on December 5, 2017 at 9:30 a.m.
2. This Order is entered without prejudice to the Debtor's right to request that
this Couli extend this Order to include other entities or persons not previously identified in Appendix A or Appendix B to the Complaint and the Motion.
3. Any patiy subject to this Order may seek relief from any of the provisions
of this Order for cause shown. This Order is without prejudice to the Debtor's or others' rights to
seek relief pursuant to the automatic stay under II U.S.C. § 362.
4. Notwithstanding anything to the contrary in this Order, any party may,
without leave of the Court, 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.
5. Pursuant to Rule 7065 of the Federal Rules of Bankruptcy Procedure, the
Debtor is relieved from posting any security pursuant to Rule 65( c) of the Federal Rules of Civil Procedure.
6. The Debtor shall serve a copy of this Order on counsel for the Defendants
and the Bankruptcy Adminish'ator within 3 business days fi'om entry of this Order.
7. This Order shall be promptly filed in the clerk's office and entered in the
record.
8. This COUli retains jurisdiction over this Order and the relief granted
herein.
This Order has been signed electronically. The judge's signature and cOUli's seal appear at the top of the Order.
United States Bankruptcy Court
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APPENDIXB
NAl-IS02939238
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The former Georgia-Pacific LLC (the Debtor's predecessor) Alabama River Cellulose LLC
Big Blue Holdings, Inc.
Blue Rapids Railway Company LLC BRS Packaging Corporation
Brunswick Cellulose LLC Buckeye Equity Holdings LLC Buckeye Technologies Canada Inc. Buckeye Technologies LLC Digital Roadmap LLC
Dixie Consumer Products LLC
El Morro Corrugated Box Company LLC Encadria Staffing Solutions LLC
Foley Cellulose LLC
Fort James International Holdings LLC Fort James LLC
Georgia-Pacific Asia, Inc.
Georgia-Pacific Bleached Board LLC Georgia-Pacific Brewton LLC
Georgia-Pacific Building Products LLC Georgia-Pacific Cedar Springs LLC Georgia-Pacific Chemical Sales LLC Georgia-Pacific Chemicals LLC Georgia-Pacific Childcare Center, LLC Georgia-Pacific Consumer Operations LLC Georgia-Pacific Consumer Products (Camas) LLC Georgia-Pacific Consumer Products (Northwest) LLC Georgia-Pacific Consumer Products LP
Georgia-Pacific Containerboard LLC Georgia-Pacific Corrugated IV LLC Georgia-Pacific Corrugated LLC Georgia-Pacific Corrugated V LLC Georgia-Pacific Crossett LLC
Georgia-Pacific Equity Holdings LLC Georgia-Pacific Financial Management LLC Georgia-Pacific Foreign Holdings, Inc. Georgia-Pacific Foundation
Georgia-Pacific GmbH Holdings, LLC Georgia-Pacific Gypsum LLC
Georgia-Pacific Holdings, LLC
Appendix B-1
Case 17-03105 Doc 1 Filed 11/02117 Entered 11/02/17 09:58:02 Desc Main Georgia-Pacific Innovation LLC Georgia-Pacific Kraft LLC Georgia-Pacific LLC Document Page 623 of 625 Georgia-Pacific Monticello LLC Georgia-Pacific Mt. Holly LLC Georgia-Pacific Nonwovens LLC Georgia-Pacific Panel Products LLC Georgia-Pacific St Marys LLC Georgia-Pacific Toledo LLC
Georgia-Pacific Treasury Corporation Georgia-Pacific W&FS (MS) LLC
Georgia-Pacific Warehouse Holdings LLC Georgia-Pacific West LLC
Georgia-Pacific WFS LLC
Georgia-Pacific Wood Products LLC Georgia-Pacific Wood Products South LLC GNN Investor LLC
GP Big Island, LLC
GP Building Products Operations LLC GP Building Products Services LLC GP Cellulose America Marketing, LLC GP Cellulose Operations LLC
GP Cellulose, LLC GP Center Holdings LLC GP Chemicals Equity LLC
GP Consumer Products Group LLC GP Consumer Products Holdings LLC GP Consumer Products Operations LLC GP Containerboard Operations LLC GP Corrugated LLC
GP Financial Holdings LLC GP Global Finance Holdings LLC GP Gypsum Equity LLC
GP Gypsum LLC
GP Harmon Holdings LLC GP Harmon Recycling LLC
GP Harmon Recycling Plant Operations LLC GP Industrial Plasters LLC
GP IP Holdings LLC GP IRB Investments LLC
Appendix B-2
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GP Leasing Corporation G-P Maine LLC
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GP Packaging and Cellulose Operations LLC GP Packaging and Sales LLC
GP Wood Products LLC GPBP Equity Holdings LLC GPBP Equity Investor I LLC GPBP Equity Investor II LLC GPBP Equity Investor III LLC GPBP Equity Investor IV LLC GPBP Equity Investor V LLC GPBP Equity Investor VI LLC GPBP Equity Investor VII LLC GPBP Financial Holdings LLC GPCon/GP LLC
GPCP Equity Holdings LLC GPCP Equity Investor I LLC GPCP Equity Investor II LLC GPCP Equity Investor III LLC GPCP Equity Investor IV LLC GPCP Equity Investor V LLC GPCP Financial Holdings LLC GPCP IP Holdings LLC GPFM Holdings LLC GPPC Equity Holdings LLC GPPC Equity Investor I LLC GPPC Equity Investor II LLC GPPC Equity Investor III LLC GPPC Equity Investor IV LLC GPPC Financial Holdings LLC Industrial Plasters Canada ULC Koch Industries, Inc.
Koch Renewable Resources, LLC Leaf River Cellulose, LLC
Leaf River Forest Products LLC Lumberton Cellulose LLC Memphis Cellulose LLC Milford Redevelopment LLC
Moscow Camden and San Augustine Railroad LLC Nekoosa Papers Inc.
Appendix B-3
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Old Augusta Railroad, LLC PAX Corrugated Products, Inc. Phoenix Athletic Club LLC Reliable Container Corporation Reliable Packaging Products, Inc. SPG Holdings LLC
Tomahawk Land Company LLC Treated Lumber LLC
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Appendix B-4