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FILED & JUDGMENT ENTERED
Steven T. Salata
August 5 2019
In re Chapter 11
Debtor.
RECITALS
A. On June 19, 2019, Bestwall LLC (the “Debtor”) filed its Motion of
the Debtor for Estimation of Current and Future Mesothelioma Claims [Docket No. 875]
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The last four digits of the Debtor’s taxpayer identification number are 5815. The Debtor’s address is
133 Peachtree Street, N.E., Atlanta, Georgia 30303.
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(the “Debtor’s Estimation Motion”)2 seeking entry of an order, pursuant to 11 U.S.C. § 502(c),
authorizing an aggregate estimation of the Debtor’s legal liability (the “Estimation”) for current
and future asbestos mesothelioma claims based, in whole or in part, on alleged exposures to
the Debtor’s chapter 11 case (the “ACC”), Sander L. Esserman as the Future Claimants’
Representative appointed in the Debtor’s chapter 11 case (the “FCR”) and the Debtor’s
non-debtor affiliate Georgia-Pacific LLC (“New GP” and, collectively with the Debtor, the ACC
and the FCR, the “Parties”) have had discussions regarding a briefing and hearing schedule for
the Debtor’s Estimation Motion and any motions that the Parties may decide to file seeking relief
in connection with the Estimation (each such motion, a “Related Motion” and, all such motions
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collectively with the Debtor’s Estimation Motion, the “Estimation-Related Motions”).
The Parties have reached agreement on a briefing and hearing schedule in connection with
the Estimation-Related Motions, which is memorialized below. The Parties have agreed to
or the FCR solely with respect to the issue of whether any estimation of asbestos liabilities
should be authorized in this case (the “Estimation Authorization Issues”) shall be filed on or
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Capitalized terms not otherwise defined herein shall have the meanings given to them in the Debtor’s
Estimation Motion.
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New GP’s participation as a party to, and execution of, this Agreed Order does not reflect a determination
by the Court or an agreement by the Parties regarding (a) New GP’s standing to file a brief or engage in
oral argument concerning the Estimation Motion or to participate as a party to any estimation hearing or
related proceeding, or (b) New GP’s status, whether as a first or third party, with respect to any discovery
that may be sought in connection with the Estimation Motion or any estimation proceeding. All such issues
are reserved by all Parties.
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before August 16, 2019. Objections or responses by the ACC or the FCR relating to all other
issues raised by the Estimation Motion (all such issues, collectively, the “Remaining Estimation
to the Estimation Authorization Issues shall be held on September 19, 2019 at 9:30 a.m., Eastern
shall apply:
(a) The Parties shall file any Related Motions on or before the date that is two weeks
(14 days) after the Court’s entry of an order addressing the Estimation
Authorization Issues (the date of entry of such order, the “Estimation Order
Date”).
(c) Replies in respect of (i) the Related Motions or (ii) the Remaining Estimation
Issues shall be filed on or before the date that is ten weeks (70 days) after the
Estimation Order Date (the “Reply Deadline”).
(d) A hearing to consider the Related Motions and the Remaining Estimation Issues
raised by the Estimation Motion shall be held at the next omnibus hearing date
that is at least one week (seven days) after the Reply Deadline, or such other date
as is determined by the Court.
the foregoing schedule, subject to approval of the Court. In addition, at the September Hearing,
the parties will be prepared to discuss any appropriate modifications to the schedule for
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This Order has been signed electronically. United States Bankruptcy Court
The Judge’s signature and Court’s seal appear
at the top of the Order.
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