Case Doc 5192 Filed 12/29/15 Entered 12/29/15 17:35:23 Desc Main Document Page 1 of 3

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1 Case Doc 5192 Filed 12/29/15 Entered 12/29/ Desc Main Document Page 1 of 3 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division In re Case No GARLOCK SEALING Chapter 11 TECHNOLOGIES LLC, et al., Jointly Administered Debtors. 1 MOTION OF THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS TO SUBSTITUTE COMMITTEE MEMBER (BURNS) The Official Committee of Asbestos Personal Injury Claimants ( Committee ), by and through its undersigned counsel, hereby moves this Court to appoint Mr. Denis Burns as substitute Committee member for Mrs. Dorothy Burns, who recently passed away ( Motion ). The grounds supporting this Motion are as follows. 1. On June 16, 2010, this Court entered an order appointing the members of the Committee. See Order Appointing Official Committee of Asbestos Personal Injury Claimants, Jun. 16, 2010 [Dkt. No. 101] ( Appointment Order ). Among the members appointed was Mrs. Dorothy Burns, who held an asbestos-related personal injury claim against Garlock at the time of her appointment. Mrs. Burns s tort counsel was the law firm of Belluck & Fox, LLP. Id. at Mr. Denis Burns is the personal representative of the estate of his late wife, Mrs. Dorothy Burns, who passed away January 17, On March 14, 2012, the Surrogate s Court for the County of Albany, New York issued letters testamentary to Mr. Denis Burns on the estate 1 The Debtors are Garlock Sealing Technologies LLC ( Garlock ), Garrison Litigation Management Group, Ltd., and The Anchor Packing Company. DOC#

2 Case Doc 5192 Filed 12/29/15 Entered 12/29/ Desc Main Document Page 2 of 3 of Mrs. Dorothy Burns. A copy of the Surrogate Court s decree issuing letters testamentary is annexed hereto as Exhibit On October 6, 2015, the Belluck & Fox firm filed a proof of claim against Garlock on behalf of Mrs. Dorothy Burns for asbestos-related personal injury. 4. Bankruptcy Code 1102(a)(4) provides that [o]n request of a party in interest and after notice and a hearing, the court may order the United States trustee to change the membership of a committee appointed under this subsection, if the court determines that the change is necessary to ensure adequate representation of creditors U.S.C. 1102(a)(4). Moreover, Federal Rule of Civil Procedure 25(a) provides in relevant part If a party dies and the claim is not extinguished, the court may order substitution of the proper party. Fed. R. Civ. P. 25(a). 2 Additionally, this Court has authority to modify the Appointment Order through its inherent powers and Bankruptcy Code 105(a). See In re Arms, 238 B.R. 259, 261 (Bankr. D. Vt. 1999); In re Dore & Assocs. Contracting, Inc., 54 B.R. 353, 360 (Bankr. W.D. Wis. 1985). 5. The Committee requests that the Court appoint Mr. Denis Burns to replace the late Mrs. Dorothy Burns. This Court originally appointed Mrs. Dorothy Burns, among others, to ensure adequate representation of Garlock s asbestos creditors. To maintain that representation, Mr. Denis Burns should be substituted in Mrs. Dorothy Burns s place. Belluck & Fox, the firm that represented Mrs. Dorothy Burns, has recommended Mr. Denis Burns as an appropriate candidate to replace his late wife and ensure adequate representation of the constituency on the Committee. In fulfilling his charge as a Committee member, the Belluck & Fix firm will act on Mr. Denis Burns s behalf as attorney and agent. 2 Rule 25 is made applicable here by Federal Rules of Bankruptcy Procedure 7025 and 9014(c)

3 Case Doc 5192 Filed 12/29/15 Entered 12/29/ Desc Main Document Page 3 of 3 6. The U.S. Bankruptcy Administrator has informed the Committee that she has no objection to the relief requested in this Motion. We have sought the consent of the other parties but have not yet been informed of their positions. WHEREFORE, for the reasons noted above, the Committee requests that this Court enter an order granting this Motion and such other and further relief as this Court deems just and appropriate. Dated December 29, 2015 Respectfully submitted, CAPLIN & DRYSDALE, CHARTERED By /s/ Trevor W. Swett III Trevor W. Swett III (tswett@capdale.com) Jeffrey A. Liesemer (jliesemer@capdale.com) Andrew J. Sackett (asackett@capdale.com) One Thomas Circle, N.W. Washington, D.C Telephone (202) Elihu Inselbuch (einselbuch@capdale.com) 600 Lexington Avenue, 21st Floor New York, New York Telephone (212) MOON WRIGHT & HOUSTON, PLLC Travis W. Moon (tmoon@mwhattorneys.com) Richard S. Wright (rwright@mwhattorneys.com) 227 West Trade Street, Suite 1800 Charlotte, North Carolina Telephone (704) Co-Counsel for the Official Committee of Asbestos Personal Injury Claimants - 3 -

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6 Case Doc Filed 12/29/15 Entered 12/29/ Desc Suggestion of Death of ACC Member Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division In re Case No GARLOCK SEALING Chapter 11 TECHNOLOGIES LLC, et al., Jointly Administered Debtors. 1 SUGGESTION OF DEATH In accordance with Federal Rule of Civil Procedure 25(a), made applicable herein by Rules 7025 and 9014(c) of the Federal Rules of Bankruptcy Procedure, the Official Committee of Asbestos Personal Injury Claimants ( Committee ), by and through its undersigned counsel, notes the death of Mrs. Dorothy Burns, a member of the Committee, who was appointed to that position by order of this Court, entered on June 16, 2010 [Dkt. No. 101]. At the time of her appointment, Mrs. Burns held an asbestos-related personal injury claim against Garlock. Mr. Denis Burns is the administrator of the estate of his late wife, Mrs. Dorothy Burns, who passed away January 17, On March 14, 2012, the Surrogate s Court for the County of Albany, New York issued letters testamentary to Mr. Denis Burns on the estate of Mrs. Dorothy Burns. Concurrently with this notice, the Committee has filed a motion with this Court to appoint Mr. Denis Burns as substitute Committee member for Mrs. Dorothy Burns. 1 The Debtors are Garlock Sealing Technologies LLC ( Garlock ), Garrison Litigation Management Group, Ltd., and The Anchor Packing Company. DOC#

7 Case Doc Filed 12/29/15 Entered 12/29/ Desc Suggestion of Death of ACC Member Page 2 of 2 Dated December 29, 2015 Respectfully submitted, CAPLIN & DRYSDALE, CHARTERED By /s/ Trevor W. Swett III Trevor W. Swett III (tswett@capdale.com) Jeffrey A. Liesemer (jliesemer@capdale.com) Andrew J. Sackett (asackett@capdale.com) One Thomas Circle, N.W. Washington, D.C Telephone (202) Elihu Inselbuch (einselbuch@capdale.com) 600 Lexington Avenue, 21st Floor New York, New York Telephone (212) MOON WRIGHT & HOUSTON, PLLC Travis W. Moon (tmoon@mwhattorneys.com) Richard S. Wright (rwright@mwhattorneys.com) 227 West Trade Street, Suite 1800 Charlotte, North Carolina Telephone (704) Co-Counsel for the Official Committee of Asbestos Personal Injury Claimants - 2 -

8 Case Doc Filed 12/29/15 Entered 12/29/ Desc Notice of Motion and Hearing Page 1 of 3 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division In re Case No GARLOCK SEALING Chapter 11 TECHNOLOGIES LLC, et al., Jointly Administered Debtors. 1 NOTICE OF MOTION AND HEARING PLEASE TAKE NOTICE that, on December 29, 2015, the Official Committee of Asbestos Personal Injury Claimants filed the Motion of the Official Committee of Asbestos Personal Injury Claimants to Substitute Committee Member (Burns) ( Motion to Substitute ) in the above-captioned case. Your rights may be affected by this motion. You should read the Motion to Substitute carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one. WRITTEN RESPONSES TO THE MOTION TO SUBSTITUTE MUST BE FILED BY Friday, January 15, 2016 (THE RESPONSE DEADLINE ) IN ORDER TO BE CONSIDERED BY THE BANKRUPTCY COURT. If you do not want the Bankruptcy Court to order the relief requested in the Motion to Substitute, or if you want the Court to consider your views on the Motion to Substitute, then on or before the Response Deadline, you or your attorney must 1 The Debtors are Garlock Sealing Technologies LLC, Garrison Litigation Management Group, Ltd., and The Anchor Packing Company. DOC#

9 Case Doc Filed 12/29/15 Entered 12/29/ Desc Notice of Motion and Hearing Page 2 of 3 1. (A) File a formal, written response with the Bankruptcy Court at Clerk, United States Bankruptcy Court Charles Jonas Federal Building 401 West Trade Street Charlotte, North Carolina (B) If you have your attorney file a written response, then the response should be filed with the Bankruptcy Court by electronic means through the Court s website, under the jointly administered name and case number shown above. 2. Serve a copy of your response on all parties in interest, including Trevor W. Swett Travis W. Moon Jeffrey A. Liesemer Richard S. Wright Caplin & Drysdale, Chartered Moon, Wright and Houston, PLLC 1 Thomas Circle, NW, Suite West Trade Street, Suite 1800 Washington, DC Charlotte, NC John R. Miller, Jr. Garland S. Cassada Rayburn Cooper & Durham, P.A. Robinson, Bradshaw & Hinson, P.A. 227 W. Trade Street, Suite North Tryon Street, Suite 1900 Charlotte, NC Charlotte, NC Jonathan P. Guy Mark A. Nebrig Orrick, Herrington & Sutcliffe LLP Moore Van Allen PLLC Columbia Center 100 North Tryon Street th Street, NW Suite 4700 Washington, DC Charlotte, NC A. Cotten Wright Linda W. Simpson Grier Furr & Crisp, PA U.S. Bankruptcy Administrator 101 North Tryon Street, Suite W. Trade Street, Suite 200 Charlotte, NC Charlotte, NC Daniel G. Clodfelter Parker Poe Adams & Bernstein LLP 401 South Tryon Street, Suite 3000 Charlotte, NC

10 Case Doc Filed 12/29/15 Entered 12/29/ Desc Notice of Motion and Hearing Page 3 of 3 3. If you do not want the Court to grant the relief requested in the Motion to Substitute, or if you want the Court to consider your views on that motion, then you or your attorney should attend the hearing scheduled for Thursday, January 21, 2016, at 930 AM EST, before The Honorable J. Craig Whitley, United States Bankruptcy Judge, in Bankruptcy Courtroom 1-4, 401 West Trade Street, Charlotte, North Carolina. If you or your attorney do not take these steps, the Court may decide that you do not oppose the relief sought in the Motion to Substitute and may enter an order granting the relief requested. Dated December 29, 2015 CAPLIN & DRYSDALE, CHARTERED By /s/ Trevor W. Swett III Trevor W. Swett III (tswett@capdale.com) Jeffrey A. Liesemer (jliesemer@capdale.com) Andrew J. Sackett (asackett@capdale.com) One Thomas Circle, N.W., Suite 1100 Washington, D.C Telephone (202) Elihu Inselbuch (einselbuch@capdale.com) 600 Lexington Avenue, 21st Floor New York, New York Telephone (212) MOON WRIGHT & HOUSTON, PLLC Travis W. Moon (Bar No. 3067) (tmoon@mwhattorneys.com) Richard S. Wright (rwright@mwhattorneys.com) 227 West Trade Street, Suite 1800 Charlotte, North Carolina Telephone (704) Co-Counsel for the Official Committee of Asbestos Personal Injury Claimants - 3 -