IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ) ) COLLINS & AIKMAN CORPORATION, et al.

) ) ) Debtors. ) ) ) In re: Chapter 11 Case No. 05-55927(SWR) (Jointly Administered) (Tax Identification # 13-3489233) Honorable Steven W. Rhodes

LIMITED OBJECTION OF JOHNSON CONTROLS, INC. TO MOTION OF OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR PRODUCTION OF DOCUMENTS UNDER RULE 2004 Johnson Controls, Inc. (JCI) objects to the disclosure of its confidential business information as requested in the Motion of the Official Committee of Unsecured Creditors (the Committee) for an Order Directing Examination and Production of Documents Pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure (the Motion). JCI is not a supplier of Collins & Aikman Corporation, or its debtor affiliates (the Debtors). JCI produces automotive interior assemblies for various OEM customers, including General Motors Corporation, Ford Motor Company and DaimlerChrysler Corporation. Most significantly, JCI and Debtors are direct competitors for that business. JCI objects to only the portion of the relief sought by the Motion that relates to JCIs confidential information. Attached to the Motion are several exhibits listing documents to be produced by the Debtors and by the Debtors OEM customers (the Principal Customers). Exhibit C contains a list of 13 categories of documents sought from the Principal Customers and their professionals. Item No. 12 of Exhibit C seeks production of all documents, analyses and correspondence relating to pricing data for any and/or all contracts with other suppliers,

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including but not limited to, Lear and JCI. Although the JCI reference does not explicitly state that it means Johnson Controls, Inc., JCI understands that this is the case. In essence, the Motion seeks JCIs pricing information on its own contracts with the Principal Customers. These contracts have nothing to do with the Debtors own contracts with the Principal Customers and are wholly irrelevant to the profitability of those Debtor contracts. JCI considers such pricing information to be highly sensitive information which JCI keeps confidential; the Principal Customers also require JCI to keep this information confidential. There is little in the business world as commercially sensitive as disclosing a companys current pricing to a direct competitor for the same customer. Disclosure of such information to the Debtors or any other third party would harm JCI by giving others an unfair advantage in competing with JCI for business with the Principal Customers and others. The fact that the Debtors, or their specific contracts with the Principal Customers, may be unprofitable does not justify the Committees attempt to obtain such sensitive confidential information at JCIs expense. Although the scope of discovery permitted under Rule 2004 may be broad, it is not unlimited. There are definite boundaries, particularly where the third party information sought is sensitive, confidential and irrelevant. Although Rule 2004 permits

examinations of third parties the language of the rule makes it evident that an examination may be had only of those persons possessing knowledge of a debtors acts, conduct or financial affairs so far as this relates to a debtors proceeding in bankruptcy. It is clear that Rule 2004 may not be used as a device to launch into a wholesale investigation of a non-debtors private business affairs. In re Wilcher, 56 B.R. 428, 434 (Bankr. N.D. Ill. 1985) (quoting In re GHR Energy Corp., 35 B.R. 534, 537 (Bankr. D. Mass. 1983)).

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JCI objects to the inclusion of category 12 on Exhibit C to the extent that it pertains in any way to JCI or its business information. JCI requests that the Motion be denied with respect to compelling the production of any such JCI information to the Committee or any other party.

Dated: July 5, 2005

Respectfully submitted,

Johnson Controls, Inc.

By: Richard K. Wray Stephen T. Bobo Sachnoff & Weaver, Ltd. 10 S. Wacker Drive Suite 4000 Chicago, IL 60606 Max J. Newman Jason W. Bank Schafer and Weiner, PLLC 40950 Woodward Avenue Suite 100 Bloomfield Hills, MI 48304

/s/ One of its attorneys

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