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IN THE UNITED STATES BANKRUPTCY COURT

OF THE SOUTHERN DISTRICT OF TEXAS


CORPUS CHRISTI DIVISION

In re: § Case No. 05-21207


§
ASARCO, LLC, et al., § Chapter 11
§
Debtors. § Jointly Administered
§

MOTION FOR EMERGENCY CONSIDERATION OF HEARING ON


MOTION OF ASARCO INCORPORATED TO SHORTEN TIME TO
TAKE DISCOVERY AND TO COMPEL PRODUCTION OF DOCUMENTS
(Relates to Docket No. 3709)

AN EXPEDITED HEARING IS HEREBY REQUESTED ON MONDAY,


FEBRUARY 5, 2007.

TO THE HONORABLE RICHARD S. SCHMIDT,


UNITED STATES BANKRUPTCY JUDGE:

ASARCO Incorporated (the “Parent”), the sole member and

100% equity owner of ASARCO, LLC (“ASARCO”), files this Motion

for Emergency Consideration of Hearing (the “Emergency Motion”)

on Motion of ASARCO Incorporated to Shorten Time to Take

Discovery and to Compel Production of Documents (the “Motion to

Compel”), and in support thereof, respectfully states as

follows:

1. On January 26, 2007, the Parent filed ASARCO

Incorporated’s Motion to Amend Corporate Governance Stipulation

(the “Corporate Governance Motion”). A hearing on the Corporate

Governance Motion was routinely scheduled on twenty (20) days

notice and is scheduled for hearing on February 16, 2007 (the

“Hearing Date”).

H-657152_1.DOC - 1 -
2. On January 31, 2007, in connection with the

Corporate Governance Motion, and pursuant to Bankruptcy Rule

7034 (“Rule 7034”), the Parent propounded written document

requests on ASARCO and its affiliated debtors and debtors in

possession in the above-captioned cases (the “Debtors”), and

more streamlined document requests on both Committees and the

Futures Claim Representative (“FCR”) (collectively, the

“Document Request Notices”). While Rule 7034 affords thirty

(30) days to respond to document requests absent an agreement of

the parties or as ordered by the Court, the Document Request

Notices provided that the documents requested therein be

produced on or before February 7, 2007 and any witness(es) who

may be called at the Hearing Date be designated as well on

February 7, 2007. Every courtesy has been extended by the

Parent to the parties to foster a cooperative discovery

schedule.

3. Notwithstanding, the aforementioned, counsel for

the Debtors advised at 4:45 AM on February 1, 2007 as follows:

[T]here is no contested matter in which to


conduct discovery here and our hands are
full cooperating fully with your
extensive CBA [collective bargaining
agreement] discovery requests. We will wait
for the responses before responding. As I
told you yesterday, I do not yet have
direction from my client on this matter.

4. In an effort to avoid the Court’s involvement in

discovery, the Parent, through its counsel, reached out to the

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other three parties to discuss their positions with respect to

the document requests. Counsel for the Subsidiary Committee and

the FCR have advised that they will confer with their clients

and respond by Friday, February 2, 2007, as to whether they

intend to comply with the Document Request Notices and produce

the documents requested and identify their witnesses. Counsel

for the Asarco Committee indicated that his client has not

instructed him to take a position on the Document Request

Notices nor did he indicate when or if such authority would be

sought and obtained from his client. As of the date and time of

the filing hereof, despite counsel for the Parent’s prior

efforts to reach out to the two committees and the FCR, it is

still not known whether the committees and the FCR will

cooperate with the document requests or stonewall the Parent

from obtaining the documents essential to proceeding before the

Court with the hearing on the Corporate Governance Motion.

5. Given the current posturing of the parties, the

Parent requests that the Court (i) shorten the thirty (30) days

by which the parties would otherwise respond to the Document

Request Notices as set forth in Rule 7034 to February 7, 2007,

and (ii) compel the Debtors, the Asarco Committee, the

Subsidiary Committee and the FCR (a) to cooperate in producing

the documents requested in the Document Request Notices and (b)

to designate any witness(es) they intend to call on that same

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date to afford depositions, if necessary, in advance of the

February 16th Hearing Date.

WHEREFORE, the Parent respectfully requests that this Court

(i) enter an order scheduling an emergency hearing on the Motion

to Compel on Monday, February 5, 2007 and (ii) grant the Parent

such other and further relief as the Court may deem just and

proper.

Dated: February 2, 2007

HAYNES AND BOONE, LLP

By:__/s/ Charles A. Beckham, Jr.


Charles A. Beckham, Jr.
State Bar No. 02016600
Brooks Hamilton
State Bar No. 24046015
1 Houston Center
1221 McKinney, Suite 2100
Houston, Texas 77010
(713) 547-2000

MILBANK, TWEED, HADLEY & MCCLOY LLP

Luc A. Despins (LD 5143)


Robert Winter (RW 9937)
1 Chase Manhattan Plaza
New York, New York 10005
(212) 530-5000

Counsel for ASARCO Incorporated

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