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{00482675.DOCX V. D310.027173;} 18
Exhibit A
Proposed Order
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
[PROPOSED] ORDER APPROVING THE APPLICATION OF THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER
AUTHORIZING IT TO RETAIN AND EMPLOY ROBINSON & COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE
AS OF FEBRUARY 14, 2020
Upon the application (the “Application”) 2 of the Official Committee of Asbestos
Claimants of DBMP LLC (the “Committee”) for entry of an order (this “Order”) authorizing the
Committee to retain and employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered (the
“Committee Counsel”) as its counsel in connection with the Chapter 11 Case of DBMP LLC (the
“Debtor”); it appearing that this Court has jurisdiction to consider the Application pursuant to 28
U.S.C. §§ 157 and 1334; and it appearing that venue of this Chapter 11 Case and the Application
in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that this matter
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355. 2 Any capitalized term not defined herein shall have the meaning ascribed to it as set forth in the Application.
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is a core proceeding pursuant to 28 U.S.C. § 157(b); and upon the Ramsey Declaration and the
McMillan Declaration; and this Court being satisfied based on the representations made in the
Application, and the Ramsey Declaration and the McMillan Declaration that (a) each Committee
Counsel is a “disinterested person” within the meaning of section 101(14) of the Bankruptcy
Code, (b) neither Committee Counsel represents any person or entity having an interest adverse
to the Committee in connection with this Chapter 11 Case, (c) neither Committee Counsel holds
or represents an interest adverse to the interests of the Debtor’s estate with respect to matters on
which the Committee Counsel is employed, (d) neither Committee Counsel has any connection
to the Debtor, its creditors, or any other party in interest except as disclosed in the Application,
the Ramsey Declaration, or the McMillan Declaration, and (e) the retention and employment of
the Committee Counsel as counsel to the Committee, is reasonable, necessary, and appropriate
and is in the best interests of the Committee; and this Court having found that notice of the
Application was sufficient under the circumstances, and that, except as otherwise ordered herein,
no other or further notice is necessary; and after due deliberation thereon; and good and
sufficient cause appearing therefor;
IT IS HEREBY ORDERED THAT:
1. The Application is GRANTED as set forth herein.
2. In accordance with Bankruptcy Code sections 328(a) and 1103(a), Bankruptcy
Rule 2014, and Local Bankruptcy Rules 2014-1 and 2016-1, the Committee is hereby authorized
to employ and retain the Committee Counsel as its counsel in the above-captioned Chapter 11
Case on the terms and conditions set forth in the Application and the Ramsey Declaration and the
McMillan Declaration.
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3. The Committee Counsel are authorized to render the professional services set forth
in the Application and the Ramsey Declaration and the McMillan Declaration.
4. The Committee Counsel shall use their reasonable efforts to avoid any duplication
of services provided by any of the Committee’s other retained professionals in this Chapter 11
Case.
5. Each of the Committee Counsel shall separately apply for compensation for
professional services rendered and reimbursement of expenses incurred in connection with such
firm’s work as the Committee Counsel for representation of the Committee in the Debtor’s
Chapter 11 Case in compliance with sections 330 and 331 of the Bankruptcy Code and applicable
provisions of the Bankruptcy Rules, the Local Rules, the Compensation Guidelines issued by this
Court, the Interim Compensation Order, and any other applicable procedures and orders of the
Court.
6. This Order shall be immediately effective and enforceable upon its entry.
7. The Committee and the Committee Counsel are authorized to take all actions
necessary to effectuate the relief granted pursuant to this Order.
8. To the extent the Application or the Ramsey Declaration or the McMillan
Declaration is inconsistent with the terms of this Order, the terms of this Order shall govern.
9. This Court shall retain exclusive jurisdiction over all matters pertaining to this
Order and the Application.
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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Exhibit B
Ramsey Declaration
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
DECLARATION OF NATALIE D. RAMSEY IN SUPPORT OF THE APPLICATION OF
THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER AUTHORIZING IT TO RETAIN AND EMPLOY ROBINSON &
COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE AS OF FEBRUARY 14, 2020
Natalie D. Ramsey hereby makes this Declaration pursuant to 28 U.S.C. § 1746 and
states:
1. I am an attorney admitted to practice in the States of Delaware and New York, and
the Commonwealth of Pennsylvania, and a partner of the firm of Robinson & Cole, LLP
(“Robinson+Cole”). I submit this Declaration on behalf of Robinson+Cole in connection with
the Application of the Official Committee of Asbestos Claimants for an Order Authorizing it to
Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered as Counsel,
Effective as of February 14, 2020 (the “Application”). 2 Unless otherwise stated in this
Declaration, I have personal knowledge of the facts hereinafter set forth. To the extent that any
information disclosed herein requires amendment or modification upon Robinson+Cole’s
completion of further analysis, or as additional creditor information becomes available to it, a
supplement to this Declaration will be submitted to the Court.
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355. 2 Any capitalized term not defined herein shall have the meaning ascribed to it as set forth in the Application.
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Robinson+Cole’s Qualifications
2. Robinson+Cole is well qualified to serve as part of the Committee’s Committee
Counsel in the Chapter 11 Case. The attorneys at Robinson+Cole have substantial experience in
bankruptcy cases, including bankruptcies involving asbestos committees, complex corporate
transactions, and complex litigation. In addition, Robinson+Cole has the ability to respond quickly
to emergency hearings and other emergency matters in this Court and its appearance before this
Court for the applications, motions, and other matters in this Chapter 11 Case will be efficient and
cost-effective for the Debtor’s estates.
3. Robinson+Cole has extensive experience in numerous other chapter 11 bankruptcy
cases including In re Imerys Talc America, Inc., Case No. 19-10289 (D. Del.); In re Bestwall, LLC,
Case No. 17-31795 (W.D.N.C.); In re Specialty Prods. Holding Corp. et al., Case No. 10-11780
(Bankr. D. Del.); In re United Gilsonite Labs., Case No. 11-02030 (Bankr. M.D. Pa.); In re Tronox
Incorporated, et al., Case No. 09-10156 (Bankr. S.D.N.Y.); In re Leslie Controls, Inc., Case No.
10-12199-CSS (Bankr. D. Del.); In re Offshore Specialty Fabricators, LLC, Case No. 17-35623
(Bankr. S.D. Tex.); In re BPS US Holdings Inc., et al., Case No. 16-12373 (Bankr. D. Del.); In re
Energy Future Holdings Corp., et al., Case No. 14-10979 (Bankr. D. Del.); In re O.W. Bunker
Holding North America Inc., et al., Case No. 14-51720 (Bankr. D. Conn.); In re Reichhold
Holdings US, Inc., et al., Case No. 14-12237 (Bankr. D. Del.); In re TH Props., L.P., Case No. 09-
13201 (Bankr. E.D. Pa); In re Toisa Ltd., Case No. 17-10184 (Bankr. S.D.N.Y.); In re Nutraquest,
Inc., Case No. 03-44147 (Bankr. D.N.J.); In re Combustion Eng’g, Inc., Case No. 03-10495
(Bankr. D. Del.).
4. Robinson+Cole also currently represents certain advisory committees of asbestos
settlement trusts created for the benefit of asbestos claimants pursuant to the plans confirmed in
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several bankruptcies. These include the Leslie Controls, Inc. Personal Injury Trust, the United
Gilsonite Laboratories Personal Injury Trust, the Maremont Asbestos Personal Injury Trust, the
Bondex Asbestos Personal Injury Trust, and the NMBFiL, Inc. Asbestos Personal Injury Trust.
Services to be Provided by Robinson+Cole
5. Robinson+Cole will provide advice to the Committee consistent with its direction
and any order issued by the Bankruptcy Court. Specifically, Robinson+Cole will act as part of the
Committee Counsel that will provide the following professional services to the Committee:
a. assisting and advising the Committee in evaluating the Debtor’s chapter 11 filing;
b. assisting and advising the Committee in its discussions with the Debtor, the future claims representative, and other parties-in-interest regarding the overall administration of this Chapter 11 Case;
c. assisting and advising the Committee in its examination and analysis of the conduct of the Debtor’s affairs;
d. analyzing, advising and representing the Committee with regard to any causes of action belonging to the Debtor’s estate, including, without limitation, reviewing and investigating pre-petition transactions in which the Debtor and/or its insiders were involved;
e. assisting, advising, and representing the Committee in analyzing and investigating the acts, conduct, assets, liabilities, corporate structure, and financial condition of the Debtor, including, without limitation, the Debtor’s financial disclosures and related matters, the Debtor’s operations, and any other matters relevant to this case;
f. reviewing and analyzing pleadings, orders, schedules, and other documents filed and to be filed with this Court by interested parties in this case; advising the Committee as to the necessity, propriety, and impact of the foregoing upon this case; and responding, including consenting or objecting, to pleadings or orders on behalf of the Committee, as appropriate;
g. assisting the Committee in preparing such applications, motions, memoranda, proposed orders, and other pleadings as may be required in support of positions taken by the Committee, including all trial preparation as may be necessary;
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h. representing the Committee at hearings to be held before this Court and communicating with the Committee regarding the matters heard and the issues raised as well as the decisions and considerations of this Court, including without limitation, any estimation hearing and related hearings;
i. conferring with the professionals retained by the Debtor, the future claims representative, and other parties-in-interest, as well as with such other professionals as may be selected and employed by the Committee;
j. coordinating the receipt and dissemination of information prepared by and received from the Debtor’s professionals, as well as such information as may be received from professionals engaged by the future claims representative, the Committee, or other parties-in-interest in this case;
k. participating in such examinations of the Debtor and other witnesses as may be necessary in connection with this Chapter 11 Case;
l. negotiating and formulating any plan of reorganization and section 524(g) personal injury trust for the Debtor that may be proposed in this case; and
m. assisting the Committee generally in performing such other services as may be desirable or required for the discharge of the Committee’s duties pursuant to section 1103 of the Bankruptcy Code.
6. Subject to this Court’s approval of the Application, Robinson+Cole is willing to
serve as the Committee’s co-counsel and to perform the services described above.
7. Robinson+Cole is committed to minimizing duplication of services in order to,
among other things, manage professional costs. To that end, Robinson+Cole is prepared to work
closely with its proposed co-counsel and any other professionals engaged by the Committee to
ensure that there is no unnecessary duplication of effort or cost.
Robinson+Cole’s Compensation
8. Robinson+Cole will apply to the Court for compensation for professional services
rendered and reimbursement of expenses incurred in accordance with Bankruptcy Code Sections
330 and 331, and applicable provisions of the Bankruptcy Rules, the Local Rules, the
Compensation Guidelines issued by this Court, the Interim Compensation Order, and any other
applicable procedures and orders of the Court.
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9. Robinson+Cole will be compensated at its standard hourly rates for matters of this
nature, which are based on the professional’s level of experience. At present, the standard hourly
rates charged by Robinson+Cole are in the following ranges:
Partners $430-$960 per hour Of Counsel $360-$610 per hour Associates $250-$570 per hour Paralegals $190-$380 per hour
10. Other attorneys and paralegals will render services to the Committee as needed.
The hourly rates set forth above are Robinson+Cole’s standard hourly rates for work of this nature.
These rates are set at a level designed to compensate fairly Robinson+Cole for the work of its
attorneys and paralegals and to cover fixed and routine overhead expenses. Robinson+Cole’s
hourly rates are subject to periodic adjustment in accordance with established billing practices and
procedures. The names, positions, and current hourly rates for those Robinson+Cole professionals
currently expected to spend significant time on this Chapter 11 Case are attached as Schedule 3.
11. Robinson+Cole’s policy is to charge its clients in all areas of practice for all other
expenses incurred in connection with the client’s case. The expenses charged to clients include,
among other things, telephone and telecopier (outgoing only) toll and other charges, mail and
express mail charges, special or hand delivery charges, photocopying charges, printing and
scanning charges, charges for mailing supplies (including, without limitation, envelopes and
labels) provided by Robinson+Cole to outside copying services for use in mass mailings, travel
expenses, after-hours taxi, Uber, and Lyft expenses, expenses for working meals or overtime/after-
hours meals, computerized research charges, transcription costs, as well as non-ordinary overhead
expenses such as secretarial and other overtime. Robinson+Cole will charge for these expenses in
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a manner and at rates consistent with charges made generally to Robinson+Cole’s other clients
and the Local Rules.
12. The fees and expense reimbursement provisions described above are consistent
with normal and customary billing practices for cases of this size and complexity that require the
level and scope of services outlined. Robinson+Cole also believes that the foregoing
compensation arrangements are both reasonable and market-based.
13. Robinson+Cole will maintain detailed records of fees and expenses incurred in
connection with the rendering of the legal services described herein, in accordance with applicable
rules and guidelines.
Robinson+Cole’s Connections in this Case
14. In connection with the Committee’s proposed retention of Robinson+Cole, an
extensive review of Robinson+Cole’s connections (as such term is used in Bankruptcy Rule
2014(a)) with the Debtor, its creditors, affiliated entities, other parties-in-interest, and their
respective attorneys and/or accountants (collectively, the “Case Parties”) was conducted. For the
purpose of compiling the list of Case Parties, Robinson+Cole utilized the interest party listing
utilized by the Debtor’s professionals in connection with their retention applications filed in this
Chapter11 Case.
15. Attached hereto as Schedule 1 is a list of the Case Parties that were checked against
a database containing Robinson+Cole’s “connections.” For the purpose of this Chapter 11 Case,
only potential connections that existed as of February 1, 2018 through the date hereof were
checked. These connections were then reviewed to identify any relationship that would need to
be disclosed in accordance with Bankruptcy Rule 2014.
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16. A copy of the relevant results of Robinson+Cole’s conflict check is attached hereto
as Schedule 2.
17. Robinson+Cole maintains and systematically updates its conflict check system in
the regular course of its business and it is the regular practice of Robinson+Cole to make and
maintain these records. The conflict system maintained by Robinson+Cole is designed to include
(a) every active matter on which Robinson+Cole is engaged, (b) every closed matter on which
Robinson+Cole has been engaged since at least 2002,3 (c) the entity by which it is now or has been
engaged, (d) the identity of related parties, (e) the identity of adverse parties, and (f) the attorney
at Robinson+Cole that is knowledgeable about the matter. It is the policy of Robinson+Cole that
no new matter may be accepted or opened within the firm without completing and submitting to
those charged with maintaining the conflict check system the information necessary to check each
such matter for conflicts, including the identity of the prospective client, the matter, and the related
and adverse parties. Accordingly, the database maintained on the system is updated for every new
matter undertaken by Robinson+Cole. The scope of the system is a function of the completeness
and accuracy of the information submitted by the attorney opening a new matter.
18. Prior to being selected by the Committee to serve as counsel, Robinson+Cole
represented twelve personal injury claimants who are clients of the law firms of Maune Raichle
Hartley French & Mudd, LLC, SWMW Law, LLC, Bergman Draper Oslund Udo; Paul, Reich &
Meyers; The Shepard Law Firm, Dean Omar Branham Shirley LLP; Shrader & Associates, L.L.P.,
Clint Law, and Wallace & Graham in this Chapter 11 Case for limited purposes which terminated
upon the Committee’s appointment. Robinson+Cole did not and will not request or receive any
3 In 2002 Robinson & Cole migrated its conflicts system to a new platform (the “2002 System”). On information and belief, the new platform incorporated historical searches and clients. However, Declarant has not been able to obtain an explanation of how the historical reporting was incorporated into the 2002 System.
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compensation or reimbursement of expenses for this former representation. Maune Raichle
Hartley French & Mudd, LLC, SWMW Law, LLC, The Shepard Law Firm, and Shrader &
Associates, L.L.P., represent clients appointed to the Committee; the remaining firms represent
clients who were not appointed to the Committee.
19. To the best of my knowledge after diligent inquiry, neither Robinson+Cole, nor any
of its partners, senior counsel, of counsel, or associates has had or presently has any “connection”
(as such term is used in Bankruptcy Rule 2014(a)) with the Debtor, its creditors, members, or any
other party-in-interest, or its respective attorneys, accountants, the Bankruptcy Administrator, or
any person employed by the United States Bankruptcy Court for the Western District of North
Carolina, except to the extent set forth herein and on Schedule 2. Notwithstanding any
“connection” set forth on Schedule 2 and except as set forth herein, to the best of my knowledge,
any “connection” of Robinson+Cole to the identified entities are limited to matters unrelated to
the Debtors.
20. Robinson+Cole has been involved in a number of unrelated cases with various
professionals involved in this Chapter 11 Case, both in adverse and non-adverse roles.
21. Robinson+Cole may have in the past represented or opposed, may currently
represent or oppose, and may in the future represent or oppose, in matters wholly unrelated to the
Debtor’s pending Chapter 11 Case, entities that are claimants of the Debtor or other parties-in-
interest (or service providers thereto) in this Chapter 11 Case. Robinson+Cole has not and will
not represent any of the entities listed above (or their affiliates) in matters related to the Chapter
11 Case.
22. Based on information provided by those most knowledgeable at Robinson+Cole, I
do not believe that any single matter is a major engagement that would involve either the billing
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of fees in excess of one half of one percent (.5%) of Robinson+Cole’s annual fees billed, or that,
in the aggregate for any affiliated group of entities, exceeds one percent (1%) of Robinson+Cole’s
annual fees billed. Robinson+Cole will not represent any of the foregoing claimants or any party
in interest in any facet of the Debtor’s bankruptcy cases.
23. No promise has been received by Robinson+Cole, or by any partner or associate
thereof, as to compensation in connection with this case other than in accordance with the
provisions of the Bankruptcy Code and the Bankruptcy Rules. Robinson+Cole has no agreement
with any other entity to share with such entity any compensation received by Robinson+Cole.
24. Robinson+Cole will file appropriate supplemental disclosure(s) with the Court to
the extent that additional information concerning any connection is developed.
25. To the best of my knowledge, information, and belief, Robinson+Cole is a
disinterested person, and does not hold or represent an interest adverse to the Debtor’s estate, with
respect to the matters for which Robinson+Cole is to be employed as required by Bankruptcy Code
Section 328(c).
I certify under penalty of perjury under the laws of the United States that, to the best of
my knowledge and after reasonable inquiry, the foregoing is true and correct.
Dated: March 5, 2020 /s/ Natalie D. Ramsey Natalie D. Ramsey (admitted pro hac vice) ROBINSON & COLE, LLP 1201 N. Market Street, Suite 1406 Wilmington, DE 19801 Telephone: (302) 516-1700 Facsimile: (302) 516-1699 [email protected]
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SCHEDULE 1
List of Persons and Entities Against Which Robinson+Cole
Has Searched for “Connections”
Debtor
DBMP LLC Direct Equity Owner of Debtor
CertainTeed Holding Corporation Debtor’s Direct Non-Debtor Subsidiary
Millwork & Panel LLC Managers and Officers of the Debtor D. Lawrence Rayburn Donald J. Melroy Joseph N. Bondi Michael T. Starczewski Robert J. Panaro Sean R. Knapp Vincent F. DiNenna, III Other Non-Debtor Affiliates Bayside Port Corporation, Inc. Bird Incorporated Carborundum Ceramic Holdings, Inc. Carborundum Ventures, Inc. CertainTeed Canada, Inc. CertainTeed Ceilings Corporation CertainTeed Gypsum and Ceiling Mfg., Inc. CertainTeed Gypsum Mfg, Inc. CertainTeed Gypsum NC, Inc. CertainTeed Gypsum West Virginia, Inc. CertainTeed Gypsum, Inc. CertainTeed Holding Corporation CertainTeed LLC CertainTeed Gypsum and Ceilings USA, Inc. Compagnie de Saint-Gobain CT Solar Fund I LLC CTKC Corporation Fluorocarbon Components, Inc. Grindwell Norton Ltd. GS II, Inc.
HCS Corporation Level Solar Fund IV LLC MAG-ISOVER K.K. New West Gypsum Recycling, Inc. Norton Foreign Affiliates Holding Corporation OFI GP Inc. OFI L.P. Ottawa Fibre GP Inc Ottawa Fibre L.P. P.T. Saint-Gobain Abrasives Indonesia Phoenix Coating Resources, Inc. Redcliff Fibre L.P. Sage Electrochromics, Inc. Saint-Gobain (SEA) PTE, Ltd Saint-Gobain Abrasives, Inc. Saint-Gobain Abrasives. Ltd. Saint-Gobain Abrasivos S.A. de C.V. Saint-Gobain Adfors America, Inc. Saint-Gobain Advanced Ceramics, LLC
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Saint-Gobain Building Distribution Ltd. Saint-Gobain Canada, Inc. Saint-Gobain Ceramic Materials Pvt. Ltd. Saint-Gobain Ceramics & Plastics, Inc. Saint-Gobain Corporation Saint-Gobain Corporation Foundation Saint-Gobain Delaware Corporation Saint-Gobain Finance Corporation Saint-Gobain Glass Corporation Saint-Gobain HyComp LLC Saint-Gobain India Foundation Saint-Gobain India Pvt. Ltd. Saint-Gobain Insurance Ltd. Saint-Gobain Interior Building Distribution Company Saint-Gobain KK Saint-Gobain Materiaux de Construction S.A.S. Saint-Gobain Merit, S.De R.L. De C.V. Saint-Gobain Performance Plastics (Hangzhou) Co., Ltd. Saint-Gobain Performance Plastics Corporation Saint-Gobain Receivables Corporation Saint-Gobain Research India Pvt. Ltd. Saint-Gobain Shared Services Corporation Saint-Gobain Solar Gard Australia Pty. Ltd. Saint-Gobain Solar Gard, LLC Saint-Gobain TM KK
Sepco Corporation Societe de Participations Financieres et Industrielles The Grid Company GP, Inc. The Grid Company Limited Partnership The Grid Company, LLC Tillsonburg Fibre L.P. Vertec SAS Vetrotech Saint-Gobain North America, Inc. VIB L.P. Western Mining and Minerals, Inc. Zenpure Americas, Inc. Zenpure Corporation Z-Tech, LLC
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Major Current Business Affiliations of Debtor’s Managers
Millwork & Panel LLC Pennsylvania Association of Notaries Royersford Outreach (d/b/a Open Door Ministries) Tampa Chapter of the American Constitution Society Vinyl Siding Institute Depository and Disbursement Banks
Bank of America, N.A. J.P. Morgan Chase Parties to Material Contracts, Unexpired Leases and License Agreements with the Debtor
CertainTeed LLC CT Corp. PACE Claim Services PrincetonClaims Services Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Significant Co-Defendants in Asbestos-Related Litigation 3M Company A.O. Smith Corporation Carborundum Company CBS Corporation Crane Company Foster Wheeler Energy Corporation General Electric Company Honeywell International Inc. Industrial Holdings Inc. Ingersoll Rand Company JM Manufacturing Company Inc. Metropolitan Life Insurance Company Union Carbide Corporation Westinghouse Electric Corporation Debtor’s Retained Professionals and Claims Agent
Bates White LLC Epiq Corporate Restructuring, LLC Jones Day Robinson, Bradshaw & Hinson, P.A. Schiff Hardin LLP
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Debtor’s Significant Ordinary Course Professionals, Consultants and Service Providers
Caruso Smith Edell Picini P.C. Cetrulo LLP Darger Errante Yavitz & Blau LLP DeHay & Elliston LLP Dentons LLP Deutsch Kerrigan LLP Foley & Lardner LLP Gordon Thomas Honeywell LLP Harvey Kruse Hawkins & Parnell Heyl Royster Kalinoski & Chaplinsky Maron & Marvel Miles & Stockbridge Paine Tarwater Bickers & Tillman LLP Polsinelli LLP Swartz Campbell LLC Vorys Sater Seymour & Pease LLP Wilbraham Lawler & Buba Wilson Elser Moskowitz Edelman & Dicker LLP Known Professionals for Certain Non-Debtor Parties in Interest
Goodwin Procter LLP Rayburn Cooper & Durham Major Suppliers of Goods and Services
CertainTeed LLC Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Law Firms on the Debtor’s List of the Top 24 Law Firms with the Most Significant Representations of Asbestos Claimants [Dkt. 1] Creditors Listed on the Debtor’s Master Creditors List [Dkt. No. 52] Members of the Official Committee of Asbestos Personal Injury Claimants and Their Counsel
Theresa V. Germont, c/o Cohen, Placitella & Roth, P.C. Robin S. Wierenga, c/o Cooney & Conway Earl F. Powell, c/o Goldberg Persky White, P.C. Patsy Diehl (as the Special Administrator for the Estate of Carl Diehl), c/o The Gori Law Firm Cindy Burch, c/o Kazan, McClain, Satterly & Greenwood PLC Kurt Henningsen, c/o Law Offices of Peter G. Angelos, P.C. Jimmy Reich, c/o Maune Raichle Hartley French & Mudd, LLC
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James Hunt, c/o Shepard Law Francisco Galaviz, c/o Shrader & Associates, L.L.P. Michael Nuzzolese, c/o Weitz & Luxenberg, P.C. Wendy Roberts, spouse of Colin Roberts, deceased, c/o SWMW Law, LLC Additional Counsel to the ACC
Robinson & Cole LLP Major Sureties
Travelers Casualty and Surety Company of America Bankruptcy Administrator’s Office for the Western District of North Carolina
Shelley K. Abel Alexandria Kenny Anne Whitley David Shepherd Katrina Adams Sarah Scholz Bankruptcy Judges for the Western District of North Carolina
Judge George Hodges (Charlotte) Judge J. Craig Whitley (Charlotte) Judge Laura T. Beyer (Charlotte) Ad Hoc Committee of Certainteed Creditors
Yolanda Fernandez-Arreola Michael Nuzzolese Earl F. Powell Robin Wierenga
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SCHEDULE 2
Results of Robinson+Cole’s Search for “Connections” Against the List Provided in Exhibit A
Person/Entity Identified Connection
Aschraft & Gerel, LLP Aschraft & Gerel has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Bank of America Bank of America was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors. Robinson+Cole represents Bank of America in matters unrelated to this case.
Baron & Budd, P.C. Baron & Budd has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Baron & Budd are members of one or more trust advisory committees (“TACs”) that have engaged Robinson+Cole as counsel.
Belluck & Fox, LLP Belluck & Fox has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Belluck & Fox are members of one or more TACs that have engaged Robinson+Cole as counsel.
Bergman, Draper, Oslund, Udo The Bergman firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Bergman firm are members of one or more TACs that have engaged Robinson+Cole as counsel. In addition, Robinson+Cole represents or has represented the Cooney & Conway firm and/or one or more of its clients in one or more unrelated matters.
Brayton Purcell LLP Brayton Purcell has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Brayton Purcell firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Brent Coon & Associates One or more attorneys of the Brent Coon firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
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Person/Entity Identified Connection Cohen, Placitella & Roth, P.C. The Cohen Placitella firm represents a member of the Official
Committee of Asbestos Personal Injury Claimants (“Committee”).
Cooney & Conway Cooney & Conway represents a member of the Committee. Cooney & Conway has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Cooney & Conway are members of one or more TACs that have engaged Robinson+Cole as counsel. In addition, Robinson+Cole represents or has represented the Cooney & Conway firm and/or one or more of its clients in one or more unrelated matters.
Dean Omar Branham Shirley LLP
Robinson+Cole represents or has represented the Dean Omar Branham firm and/or one or more of its clients in one or more unrelated matters.
Early, Lucarelli, Sweeney & Meisenkothen
The Early Lucarelli firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Early Lucarelli firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
The Ferraro Law Firm/Kelley & Ferraro, LLP
The Ferraro Law Firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Ferraro Law Firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
The Flint Law Firm Robinson+Cole represents or has represented the Flint Law firm and/or one or more of its clients in one or more unrelated matters.
General Electric Company General Electric Company was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors. Robinson+Cole represents General Electric Company in matters unrelated to this case.
Goldberg, Persky & White, P.C.
The Goldberg Persky firm represents a member of the Committee. The Goldberg Persky firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Goldberg Persky firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
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Person/Entity Identified Connection The Gori Law Firm The Gori Law Firm represents a member of the Committee. The
Gori Law Firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Gori Law Firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
J.P. Morgan Chase J.P. Morgan Chase was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors.
Kazan, McClain, Satterly & Greenwood PLC
The Kazan firm represents a member of the Committee. The Kazan firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Kazan firm are members of one or more TACs that have engaged Robinson+Cole as counsel. In addition, Robinson+Cole represents or has represented the Kazan firm and/or one or more of its clients in one or more unrelated matters.
The Lanier Law Firm PLLC The Lanier firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Lanier firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Law Office of Peter G. Angelos, P.C.
The Angelos firm represents a member of the Committee. The Angelos firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Angelos firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Levy Konigsberg LLP Levy Konigsberg has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Levy Konigsberg are members of one or more TACs that have engaged Robinson+Cole as counsel.
Lipsitz Ponterio LLC Lipsitz Ponterio has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Lipsitz Ponterio are members of one or more TACs that have engaged Robinson+Cole as counsel.
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Person/Entity Identified Connection MetLife Robinson+Cole represents or represented MetLife in an unrelated
matter.
Motley Rice LLC Motley Rice has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Motley Rice are members of one or more TACs that have engaged Robinson+Cole as counsel.
MRHFM Law Firm The MRHFM Law Firm represents a member of the Committee. The MRHFM Law Firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
The Nemeroff Law Firm Robinson+Cole represents or has represented The Nemeroff Law Firm and/or one or more of its clients in one or more unrelated matters.
The O’Brien Law Firm, P.C. The O’Brien Law Firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Ruckdeschel Law Firm LLC Ruckdeschel has represented or currently represents one or more members of one or more TACs that have engaged Robinson+Cole as counsel.
The Shepard Law Firm The Shepard Law Firm represents a member of the Committee. Shepard Law has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Shrader & Associates LLP The Shrader firm represents a member of the Committee. The Shrader firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Simmons Hanly Conroy LLC The Simmons firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Simmons firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Simon Greenstone Panatier, PC
Simon Greenstone has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
SWMW Law, LLC SWMW Law represents a member of the Committee. SWMW Law has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
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Person/Entity Identified Connection Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company of America was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors. Robinson+Cole represents Travelers in matters unrelated to this bankruptcy case.
Waters Kraus & Paul, LLP Waters Kraus has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Waters Kraus are members of one or more TACs that have engaged Robinson+Cole as counsel.
Weitz & Luxenberg, P.C. Weitz & Luxenberg represents a member of the Committee. Weitz & Luxenberg has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Weitz & Luxenberg are members of one or more TACs that have engaged Robinson+Cole as counsel.
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SCHEDULE 3
Nonexclusive List of Certain Robinson+Cole Professionals and Their Current Hourly Rates
Name Position Billing Rate in Effect as of
the Petition Date
Natalie D. Ramsey Partner $960.00
Davis Lee Wright Partner $730.00
Mark A. Fink Partner $765.00
Patrick M. Birney Partner $625.00
Jamie L. Edmonson Partner $840.00
Joseph L. Clasen Partner $850.00
Brian J. Wheelin Partner $630.00
Ian Clarke-Fisher Partner $600.00
Matthew J. Guanci, Jr. Partner $680.00
Taylor A. Shea Of Counsel $510.00
Katherine M. Fix Associate $570.00
Sandra Marin Lautier Associate $350.00
Janet Kljyan Associate $320.00
Ian Densmore Paralegal $275.00
Liana Shaw Paralegal $380.00
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Exhibit C
McMillan Declaration
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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
In re DBMP LLC,1 Debtor.
: : : : : : :
Chapter 11 Case No. 20-30080 (JCW) (Jointly Administered)
DECLARATION OF ANN C. McMILLAN IN SUPPORT OF THE APPLICATION
OF THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER AUTHORIZING IT TO RETAIN AND EMPLOY
ROBINSON & COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE AS OF FEBRUARY 14, 2020
Ann C. McMillan, pursuant to 28 U.S.C. § 1746, declares as follows:
1. I am a member of Caplin & Drysdale, Chartered (“Caplin & Drysdale”), and
authorized to make this declaration on its behalf. I am a member in good standing of the bar of
the District of Columbia. Caplin & Drysdale maintains its offices at 600 Lexington Avenue, 21st
Floor, New York, New York 10022, and One Thomas Circle, N.W., Suite 1100, Washington, D.C.
20005. Other attorneys at Caplin & Drysdale are duly admitted to practice law in the District of
Columbia, New York, or both.
2. By the Application of the Official Committee of Asbestos Claimants for an Order
Authorizing it to Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered as
Counsel, Effective as of February 14, 2020 (the “Application”), the Official Committee of
Asbestos Personal Injury Claimants appointed in the above-titled case (the “Committee”) seeks
court approval, pursuant to §§ 105, 328, and 1103 of the Bankruptcy Code, Rule 2014 of the
Federal Rules of Bankruptcy Procedure, and W.D.N.C. Bankr. Local Rules 2014-1 and 2016-1, to
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355.
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employ and retain Caplin & Drysdale as the co-counsel to the Committee in connection with the
Debtor’s chapter 11 case (the “Chapter 11 Case”). I submit this declaration in support of the
Application.
QUALIFICATIONS OF PROFESSIONALS
3. The professionals at Caplin & Drysdale have substantial experience in bankruptcy
cases, including bankruptcies involving mass tort liability, insolvency, corporate reorganization,
debtor-creditor, and commercial law, and have participated in numerous proceedings before
numerous bankruptcy courts. Caplin & Drysdale represents or has represented official committees
of asbestos claimants in bankruptcies in this Court and in other jurisdictions including New Jersey,
Pennsylvania, California, New York, Ohio, and Pennsylvania.
4. Among the chapter 11 cases in which Caplin & Drysdale represents or has
represented statutory committees of asbestos creditors are those of Johns-Manville Corporation;
ACandS, Inc.; Armstrong World Industries, Inc.; Babcock & Wilcox Company; Burns & Roe
Enterprises, Inc.; Combustion Engineering, Inc.; Congoleum Corporation; Durabla Manufacturing
Company and Durabla Canada Ltd.; Duro Dyne Corporation; The Fairbanks Company; Federal-
Mogul Global, Inc.; The Flintkote Company and Flintkote Mines, Ltd.; Garlock Sealing
Technologies LLC; Geo. V. Hamilton, Inc.; G-I Holdings Inc.; Global Industrial Technologies,
Inc.; Kaiser Aluminum Corporation; Kaiser-Gypsum Corporation; Metex Mfg. Corporation (f/k/a
Kentile Floors, Inc.); Motors Liquidation Company (f/k/a General Motors Corporation); North
American Refractories Company; Owens Corning Corporation; Paddock Enterprises, LLC;
Pittsburgh Corning Corporation; Plant Insulation Company; Quigley Company, Inc.; Rapid-
American Corporation; Raytech Corporation; Thorpe Insulation Company; Sepco Corporation;
United States Gypsum Corporation; Western MacArthur Company (a/k/a Western Asbestos);
W.R. Grace & Co.; and Yarway Corporation.
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5. Caplin & Drysdale also currently represents certain advisory committees of
asbestos settlement trusts created for the benefit of asbestos claimants pursuant to the plans of
reorganization confirmed in several bankruptcies. These include the ACandS Asbestos Settlement
Trust Advisory Committee; the PI Trust Advisory Committee of the Armstrong World Industries,
Inc. Asbestos Personal Injury Settlement Trust; the ASARCO Asbestos Personal Injury Settlement
Trust Advisory Committee; the Babcock & Wilcox Company Asbestos PI Trust Advisory
Committee; the Burns and Roe Asbestos PI Settlement Trust Advisory Committee; the Celotex
Asbestos Settlement Trust Advisory Committee; the Congoleum Plan Trust Advisory Committee;
the DII Industries, LLC Asbestos PI Trust Advisory Committee; the Durabla Manufacturing
Company and Durabla Canada Ltd. Asbestos Trust Advisory Committee; the Federal-Mogul
Asbestos Personal Injury Trust Advisory Committee; the Flintkote Asbestos Trust Advisory
Committee; the Geo. V. Hamilton, Inc. Asbestos Trust Advisory Committee; the G-I Holdings Inc.
Asbestos Personal Injury Settlement Trust Advisory Committee; the GST Settlement Facility
Claimant Advisory Committee; the Kaiser Aluminum & Chemical Corporation Asbestos PI Trust
Advisory Committee; the Trust Advisory Committee of the Keene Creditors Trust; the Selected
Counsel for the Beneficiaries of the Manville Personal Injury Settlement Trust; the Metex Asbestos
PI Trust Advisory Committee; the Motors Liquidation Company Asbestos PI Trust Advisory
Committee; the North American Refractories Company Asbestos Trust Advisory Committee; the
Owens Corning/Fibreboard PI Trust Advisory Committee; the Pittsburgh Corning Corporation
Trust Advisory Committee; the Quigley Company, Inc. Asbestos PI Trust Advisory Committee;
the United States Gypsum PI Trust Advisory Committee; the United States Mineral Products
Company Personal Injury Asbestos Trust Advisory Committee; the WRG Asbestos PI Trust
Advisory Committee; and the Yarway Trust Advisory Committee.
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SERVICES TO BE RENDERED
6. It is anticipated that this representation will include, but should not be limited to,
the following areas:
a. assisting and advising the Committee in evaluating the Debtor’s chapter 11 filing;
b. assisting and advising the Committee in its discussions with the Debtor, the future claims representative, and other parties-in-interest regarding the overall administration of this Chapter 11 Case;
c. assisting and advising the Committee in its examination and analysis of the conduct of the Debtor’s affairs;
d. analyzing, advising and representing the Committee with regard to any causes of action belonging to the Debtor’s estate, including, without limitation, reviewing and investigating pre-petition transactions in which the Debtor and/or its insiders were involved;
e. assisting, advising, and representing the Committee in analyzing and investigating the acts, conduct, assets, liabilities, corporate structure, and financial condition of the Debtor, including, without limitation, the Debtor’s financial disclosures and related matters, the Debtor’s operations, and any other matters relevant to this case;
f. reviewing and analyzing pleadings, orders, schedules, and other documents filed and to be filed with this Court by interested parties in this case; advising the Committee as to the necessity, propriety, and impact of the foregoing upon this case; and responding, including consenting or objecting, to pleadings or orders on behalf of the Committee, as appropriate;
g. assisting the Committee in preparing such applications, motions, memoranda, proposed orders, and other pleadings as may be required in support of positions taken by the Committee, including all trial preparation as may be necessary;
h. representing the Committee at hearings to be held before this Court and communicating with the Committee regarding the matters heard and the issues raised as well as the decisions and considerations of this Court, including without limitation, any estimation hearing and related hearings;
i. conferring with the professionals retained by the Debtor, the future claims representative, and other parties-in-interest, as well as with such other professionals as may be selected and employed by the Committee;
j. coordinating the receipt and dissemination of information prepared by and received from the Debtor’s professionals, as well as such information as may
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be received from professionals engaged by the future claims representative, the Committee, or other parties-in-interest in this case;
k. participating in such examinations of the Debtor and other witnesses as may be necessary in connection with this Chapter 11 Case;
l. negotiating and formulating any plan of reorganization and section 524(g) personal injury trust for the Debtor that may be proposed in this case; and
m. assisting the Committee generally in performing such other services as may be desirable or required for the discharge of the Committee’s duties pursuant to section 1103 of the Bankruptcy Code.
7. Subject to this Court’s approval of the Application, Caplin & Drysdale is willing to
serve as the Committee’s co-counsel and to perform the services described above.
8. Caplin & Drysdale is committed to minimizing duplication of services in order to,
among other things, manage professional costs. To that end, Caplin & Drysdale is prepared to
work closely with its proposed co-counsel and any other professionals engaged by the Committee
to ensure that there is no unnecessary duplication of effort or cost.
CONNECTIONS AND DISINTERESTEDNESS OF PROFESSIONALS
9. To ascertain Caplin & Drysdale’s “connections,” as that term is used in Federal
Rule of Bankruptcy Procedure 2014, with the Debtor and other parties-in-interest, certain of my
colleagues and I reviewed the list of interested parties and professionals that is annexed hereto as
Exhibit A. Additionally, Caplin & Drysdale’s records were searched electronically, using the
names of the persons identified on Exhibit A hereto. Exhibit B, annexed hereto, contains a listing
of connections found from this search and review. In verifying the connections disclosed in
Exhibit B hereto and in the statements that follow, I have relied upon the professionals at Caplin
& Drysdale and the investigation they have undertaken to compile the information upon which
such disclosures are based.
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10. Following the Petition Date, Caplin & Drysdale was retained by Michael
Nuzzolese, Yolanda Fernandez-Arreola (individually and as successor-in-interest to Luis Felipe
Fernandez), Earl F. Powell, and Robin Wierenga (in her capacity as Special Administrator of the
Estate of Bruce Wierenga)—each the holder of an asbestos claim against the Debtor, to represent
them in the bankruptcy and related proceedings until such time as the Committee was formed.
That representation terminated upon the Committee’s formation. Caplin & Drysdale did not and
will not request or receive any compensation or reimbursement of expenses for this former
representation.
11. Other than as set forth above or in Exhibit B hereto, to the best of my knowledge
and information after due inquiry, neither Caplin & Drysdale nor any of its attorneys has any
connection with the Debtor, its creditors, members, or any other party-in-interest, or their respective
attorneys, accountants, the Bankruptcy Administrator, or the Judges for the United States
Bankruptcy Court for the Western District of North Carolina, in any matters related to the Debtor
or its estate. Caplin & Drysdale will supplement this declaration if it becomes aware of any other
relationships that require disclosure in this case.
12. Neither I, Caplin & Drysdale, nor any of its attorneys, insofar as I have been able
to ascertain after the computerized search described above:
(a) is a creditor, equity security holder, or insider of the Debtor;
(b) is or was, within two years before the filing of the petition, a director,
officer, or employee of the Debtor; or
(c) has an interest materially adverse to the interest of the estate or of any class
of creditors or equity security holders, by reason of any direct or indirect relationship to,
connection with, or interest in the Debtor or any other reason.
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13. Based on the above, to the best of my knowledge and information after due inquiry,
Caplin & Drysdale is a “disinterested person” within the meaning of Bankruptcy Code § 101(14)
and pursuant to Bankruptcy Code § 328(c).
14. The proposed employment of Caplin & Drysdale is not prohibited by or improper
under Rule 5002 of the Federal Rules of Bankruptcy Procedure. Caplin & Drysdale and its
professionals are qualified to represent the Committee in the matters for which the firm is proposed
to be employed.
PROFESSIONAL COMPENSATION
15. Subject to this Court’s approval, Caplin & Drysdale will charge for its legal services
on an hourly basis in accordance with its ordinary and customary hourly rates in effect on the date
services are rendered. Caplin & Drysdale will maintain detailed, contemporaneous records of time
and any actual and necessary expenses incurred in connection with the rendering of our legal
services in this case by category and nature of the services rendered. The 2020 hourly rates of the
Caplin & Drysdale attorneys and professionals who are expected to serve the Committee are as
follows2:
Table 1.
Professional Position 2020 Hourly Rate
Ann C. McMillan Member $880
Kevin C. Maclay Member $845
Leslie M. Kelleher Member $830
Jeffrey A. Liesemer Member $795
James P. Wehner Member $795
Todd E. Phillips Member $695
Jeanna M. Rickards Koski Of Counsel $575
Kevin M. Davis Of Counsel $560
Nathaniel R. Miller Associate $395
2 Hourly rates are adjustable on an annual basis.
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Professional Position 2020 Hourly Rate
Katelin E. Cox Associate $380
George M. O’Connor Associate $355
Cecilia Guerrero Paralegal $340
Brigette Wolverton Paralegal $295
16. The foregoing list of Caplin & Drysdale professionals is not exclusive, and other
professionals at Caplin & Drysdale may perform services for the Committee. Generally, as of
January 1, 2020, Caplin & Drysdale’s hourly rates are within the following ranges:
Table 2.
Professional 2020 Hourly Rate
Members and Senior Counsel $540 - $1,470
Of Counsel $515 - $1,120
Associates $325 - $535
Paralegals $295 - $340
17. In addition to the hourly rates, it is Caplin & Drysdale’s policy to charge its clients
in all areas of practice for the expenses incurred in connection with the client’s case. The expenses
charged to clients include, among other things, telephone and telecopier (outgoing only) toll and
other charges, mail and express mail charges, special or hand delivery charges, photocopying
charges, printing and scanning charges, charges for mailing supplies (including, without limitation,
envelopes and labels) provided by Caplin & Drysdale to outside copying services for use in mass
mailings, travel expenses, after-hours taxi/Uber/Lyft expenses, expenses for working meals or
overtime/after-hours meals, computerized research charges, and transcription costs, as well as non-
ordinary overhead expenses such as secretarial and other overtime. Caplin & Drysdale will charge
the Debtor’s estate for expenses incurred by Caplin & Drysdale on behalf of the Committee in a
manner and at rates consistent with charges made generally to Caplin & Drysdale’s other clients
and in a manner consistent with the local bankruptcy rules and orders of this Court.
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18. Caplin & Drysdale intends to apply to the Court for payment of its fees and
reimbursement of expenses in accordance with the applicable provisions of the Bankruptcy Code,
the Federal Rules of Bankruptcy Procedure, and the local rules and orders of this Court, and
pursuant to any additional procedures that may be established by the Court in this case.
19. No promises have been received by Caplin & Drysdale or any member of the firm
as to compensation in connection with this case. Caplin & Drysdale has no agreement with any
other entity to share with such entity any compensation received by Caplin & Drysdale in
connection with this case.
I declare under penalty of perjury that the facts and statements set forth above are either (i)
within my personal knowledge and are true and correct, or (ii) based upon information supplied to
me by others, including certain professionals at Caplin & Drysdale, and as such are true and correct
to the best of my knowledge, information, and belief.
EXECUTED this 5th day of March, 2020. /s/ Ann C. McMillan Ann C. McMillan
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EXHIBIT A
List of Persons and Entities Against Which Caplin & Drysdale, Chtd.,
Has Searched for “Connections”
Debtor
DBMP LLC Direct Equity Owner of Debtor
CertainTeed Holding Corporation Debtor’s Direct Non-Debtor Subsidiary
Millwork & Panel LLC Managers and Officers of the Debtor D. Lawrence Rayburn Donald J. Melroy Joseph N. Bondi Michael T. Starczewski
Robert J. Panaro Sean R. Knapp Vincent F. DiNenna, III
Other Non-Debtor Affiliates Bayside Port Corporation, Inc. Bird Incorporated Carborundum Ceramic Holdings, Inc. Carborundum Ventures, Inc. CertainTeed Canada, Inc. CertainTeed Ceilings Corporation CertainTeed Gypsum and Ceiling Mfg., Inc. CertainTeed Gypsum Mfg, Inc. CertainTeed Gypsum NC, Inc. CertainTeed Gypsum West Virginia, Inc. CertainTeed Gypsum, Inc. CertainTeed Holding Corporation CertainTeed LLC CertainTeed Gypsum and Ceilings USA, Inc. Compagnie de Saint-Gobain CT Solar Fund I LLC CTKC Corporation Fluorocarbon Components, Inc. Grindwell Norton Ltd. GS II, Inc. HCS Corporation Level Solar Fund IV LLC MAG-ISOVER K.K. New West Gypsum Recycling, Inc.
Norton Foreign Affiliates Holding Corporation OFI GP Inc. OFI L.P. Ottawa Fibre GP Inc Ottawa Fibre L.P. P.T. Saint-Gobain Abrasives Indonesia Phoenix Coating Resources, Inc. Redcliff Fibre L.P. Sage Electrochromics, Inc. Saint-Gobain (SEA) PTE, Ltd Saint-Gobain Abrasives, Inc. Saint-Gobain Abrasives. Ltd. Saint-Gobain Abrasivos S.A. de C.V. Saint-Gobain Adfors America, Inc. Saint-Gobain Advanced Ceramics, LLC Saint-Gobain Building Distribution Ltd. Saint-Gobain Canada, Inc. Saint-Gobain Ceramic Materials Pvt. Ltd. Saint-Gobain Ceramics & Plastics, Inc. Saint-Gobain Corporation Saint-Gobain Corporation Foundation Saint-Gobain Delaware Corporation Saint-Gobain Finance Corporation
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Saint-Gobain Glass Corporation Saint-Gobain HyComp LLC Saint-Gobain India Foundation Saint-Gobain India Pvt. Ltd. Saint-Gobain Insurance Ltd. Saint-Gobain Interior Building Distribution Company Saint-Gobain KK Saint-Gobain Materiaux de Construction S.A.S. Saint-Gobain Merit, S.De R.L. De C.V. Saint-Gobain Performance Plastics (Hangzhou) Co., Ltd. Saint-Gobain Performance Plastics Corporation Saint-Gobain Receivables Corporation Saint-Gobain Research India Pvt. Ltd. Saint-Gobain Shared Services Corporation
Saint-Gobain Solar Gard Australia Pty. Ltd. Saint-Gobain Solar Gard, LLC Saint-Gobain TM KK Sepco Corporation Societe de Participations Financieres et Industrielles The Grid Company GP, Inc. The Grid Company Limited Partnership The Grid Company, LLC Tillsonburg Fibre L.P. Vertec SAS Vetrotech Saint-Gobain North America, Inc. VIB L.P. Western Mining and Minerals, Inc. Zenpure Americas, Inc. Zenpure Corporation Z-Tech, LLC
Major Current Business Affiliations of Debtor’s Managers
Millwork & Panel LLC Pennsylvania Association of Notaries Royersford Outreach (d/b/a Open Door Ministries) Tampa Chapter of the American Constitution Society Vinyl Siding Institute Depository and Disbursement Banks
Bank of America, N.A. J.P. Morgan Chase Parties to Material Contracts, Unexpired Leases and License Agreements with the Debtor
CertainTeed LLC CT Corp. PACE Claim Services PrincetonClaims Services Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Significant Co-Defendants in Asbestos-Related Litigation 3M Company A.O. Smith Corporation Carborundum Company CBS Corporation Crane Company Foster Wheeler Energy Corporation
General Electric Company Honeywell International Inc. Industrial Holdings Inc. Ingersoll Rand Company JM Manufacturing Company Inc. Metropolitan Life Insurance Company
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Union Carbide Corporation Westinghouse Electric Corporation Debtor’s Retained Professionals and Claims Agent
Bates White LLC Epiq Corporate Restructuring, LLC Jones Day Robinson, Bradshaw & Hinson, P.A. Schiff Hardin LLP Debtor’s Significant Ordinary Course Professionals, Consultants and Service Providers
Caruso Smith Edell Picini P.C. Cetrulo LLP Darger Errante Yavitz & Blau LLP DeHay & Elliston LLP Dentons LLP Deutsch Kerrigan LLP Foley & Lardner LLP Gordon Thomas Honeywell LLP Harvey Kruse Hawkins & Parnell Heyl Royster
Kalinoski & Chaplinsky Maron & Marvel Miles & Stockbridge Paine Tarwater Bickers & Tillman LLP Polsinelli LLP Swartz Campbell LLC Vorys Sater Seymour & Pease LLP Wilbraham Lawler & Buba Wilson Elser Moskowitz Edelman & Dicker LLP
Known Professionals for Certain Non-Debtor Parties in Interest
Goodwin Procter LLP Rayburn Cooper & Durham Major Suppliers of Goods and Services
CertainTeed LLC Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Law Firms on the Debtor’s List of the Top 24 Law Firms with the Most Significant Representations of Asbestos Claimants [Dkt. 1] Creditors Listed on the Debtor’s Master Creditors List [Dkt. No. 52] Members of the Official Committee of Asbestos Personal Injury Claimants and Their Counsel
Theresa V. Germont, c/o Cohen, Placitella & Roth, P.C. Robin S. Wierenga, c/o Cooney & Conway Earl F. Powell, c/o Goldberg Persky White, P.C. Patsy Diehl (as the Special Administrator for the Estate of Carl Diehl), c/o The Gori Law Firm Cindy Burch, c/o Kazan, McClain, Satterly & Greenwood PLC Kurt Henningsen, c/o Law Offices of Peter G. Angelos, P.C.
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Jimmy Reich, c/o Maune Raichle Hartley French & Mudd, LLC James Hunt, c/o Shepard Law Francisco Galaviz, c/o Shrader & Associates, L.L.P. Michael Nuzzolese, c/o Weitz & Luxenberg, P.C. Wendy Roberts, spouse of Colin Roberts, deceased, c/o SWMW Law, LLC Additional Counsel to the ACC
Robinson & Cole LLP Major Sureties
Travelers Casualty and Surety Company of America Bankruptcy Administrator’s Office for the Western District of North Carolina
Shelley K. Abel Alexandria Kenny Anne Whitley David Shepherd Katrina Adams Sarah Scholz Bankruptcy Judges for the Western District of North Carolina
Judge George Hodges (Charlotte) Judge J. Craig Whitley (Charlotte) Judge Laura T. Beyer (Charlotte) Ad Hoc Committee of Certainteed Creditors
Yolanda Fernandez-Arreola Michael Nuzzolese Earl F. Powell Robin Wierenga
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EXHIBIT B
Results of Caplin & Drysdale’s Search for “Connections” Against the List Provided in Exhibit A
Person/Entity Identified Connection Antion McGee Law Group, PLLC
Caplin & Drysdale represents or represented the Antion McGee firm or its clients in an unrelated matter.
Bank of America Bank of America was or is an asserted party in interest in one or more bankruptcies in which Caplin & Drysdale served or serves as counsel for the committee of creditors.
Baron & Budd, P.C. Baron & Budd has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Baron & Budd are members of one or more trust advisory committees (“TACs”) that have engaged Caplin & Drysdale as counsel. Caplin & Drysdale represents or has represented Baron & Budd and/or one or more of its clients in one or more unrelated matters.
Bates White LLC Bates White has served or is serving as a professional to debtors or other parties in interest in other bankruptcies in which Caplin & Drysdale has served or is serving as committee counsel.
Belluck & Fox, LLP Belluck & Fox has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Belluck & Fox are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Bergman, Draper, Oslund, Udo The Bergman firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Bergman firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. Caplin & Drysdale is co-counsel with the Bergman firm in one or more unrelated matters.
Bevan & Associates LPA, Inc. The Bevan firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Bevan firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
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Person/Entity Identified Connection Brayton Purcell LLP Brayton Purcell has represented or currently represents one or
more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Brayton Purcell firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Brent Coon & Associates Brent Coon & Associates has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Cohen, Placitella & Roth, P.C. The Cohen Placitella firm represents a member of the Official Committee of Asbestos Personal Injury Claimants (“Committee”).
Cooney & Conway Cooney & Conway represents a member of the Committee. Cooney & Conway has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Cooney & Conway are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Cooney & Conway firm and/or one or more of its clients in one or more unrelated matters.
Dentons LLP Caplin & Drysdale is co-counsel with Dentons in one or more unrelated matters.
Early, Lucarelli, Sweeney & Meisenkothen
The Early Lucarelli firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Early Lucarelli firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Early Lucarelli firm and/or one or more of its clients in one or more unrelated matters.
Epiq Corporate Restructuring LLC
Epiq Corporate Restructuring LLC served or is serving as a professional in other bankruptcies in which Caplin & Drysdale was or is counsel to one or more creditors or a committee of creditors.
Yolanda Fernandez-Arreola Yolanda Fernandez-Arreola was a member of the ad hoc committee of creditors who engaged Caplin & Drysdale to represent their interests in the DBMP bankruptcy until such time as a committee was appointed (the “Ad Hoc Committee of Certainteed Creditors”).
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Person/Entity Identified Connection The Ferraro Law Firm/Kelley & Ferraro, LLP
The Ferraro Law Firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Ferraro Law Firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Goldberg, Persky & White, P.C.
The Goldberg Persky firm represents a member of the Committee. The Goldberg Persky firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Goldberg Persky firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Goldberg Persky firm and/or one or more of its clients in one or more unrelated matters. Caplin & Drysdale is co-counsel with the Goldberg Persky firm in one or more unrelated matters.
The Gori Law Firm The Gori Law Firm represents a member of the Committee. The Gori Law Firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Gori Law Firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Gori Law Firm and/or one or more of its clients in one or more unrelated matters.
Honeywell International, Inc. Caplin & Drysdale represents or has represented one or more clients adverse to Honeywell in unrelated matters.
Jacobs & Crumplar, PA The Jacobs firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Jones Day Jones Day served or is serving as a professional in other bankruptcies in which Caplin & Drysdale was or is counsel to the committee of creditors. Caplin & Drysdale is or was co-counsel with Jones Day in one or more unrelated matters.
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Person/Entity Identified Connection Kazan, McClain, Satterly & Greenwood PLC
The Kazan firm represents a member of the Committee. The Kazan firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Kazan firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Kazan firm and/or one or more of its clients in one or more unrelated matters.
The Lanier Law Firm PLLC The Lanier firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Lanier firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Law Office of Peter G. Angelos, P.C.
The Angelos firm represents a member of the Committee. The Angelos firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Angelos firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Law Office of Peter T. Nicholl The Law Office of Peter T. Nicholl has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Levy Konigsberg LLP Levy Konigsberg has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Levy Konigsberg are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Martzell & Bickford Martzell & Bickford has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
MetLife Caplin & Drysdale represents or represented MetLife in an unrelated matter.
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Person/Entity Identified Connection Motley Rice LLC Motley Rice has represented or currently represents one or more
members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Motley Rice are members of one or more TACs that have engaged Caplin & Drysdale as counsel. Caplin & Drysdale represents or has represented Motley Rice and/or one or more of its clients in one or more unrelated matters.
MRHFM Law Firm The MRHFM Law Firm represents a member of the Committee. The MRHFM Law Firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
The Nemeroff Law Firm Caplin & Drysdale represents or has represented The Nemeroff Law Firm and/or one or more of its clients in one or more unrelated matters.
Michael Nuzzolese Michael Nuzzolese was a member of the Ad Hoc Committee of Certainteed Creditors.
The O’Brien Law Firm, P.C. The O’Brien Law Firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Patten, Wornom, Hatten & Diamonstein, L.C.
The Patten Wornom firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Earl F. Powell Earl F. Powell was a member of the Ad Hoc Committee of Certainteed Creditors.
Provost Umphrey Law Firm LLP
The Provost Umphrey firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of The Provost Umphrey firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Reaud Morgan Quinn, Inc. Reaud Morgan Quinn has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Reaud Morgan Quinn are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
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Person/Entity Identified Connection Rose Klein & Marias, LLP Rose Klein & Marias has represented or currently represents one
or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Rose Klein & Marias are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Saint-Gobain Saint-Gobain is an affiliate of a debtor in an unrelated bankruptcy in which Caplin & Drysdale represents the committee of creditors.
Savinis, Kane, & Gallucci, L.L.C.
The Savinis firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Caplin & Drysdale represents or has represented the Savinis firm and/or one or more of its clients in one or more unrelated matters. Caplin & Drysdale is co-counsel with the Savinis firm in one or more unrelated matters.
Sepco Corporation Caplin & Drysdale represents the committee of creditors in the bankruptcy of Sepco Corporation.
The Shepard Law Firm The Shepard Law Firm represents a member of the Committee.
Shrader & Associates LLP The Shrader firm represents a member of the Committee. The Shrader firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Silber Pearlman LLP Silber Pearlman has represented one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Simmons Hanly Conroy LLC The Simmons firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Simmons firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Simmons firm and/or one or more of its clients in one or more unrelated matters.
SWMW Law, LLC SWMW Law represents a member of the Committee. SWMW Law has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company of America was or is an asserted party in interest in one or more bankruptcies in which Caplin & Drysdale served or serves as counsel for the committee of creditors.
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Person/Entity Identified Connection Waters Kraus & Paul, LLP Waters Kraus has represented or currently represents one or more
members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Waters Kraus are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Weitz & Luxenberg, P.C. Weitz & Luxenberg represents a member of the Committee. Weitz & Luxenberg has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Weitz & Luxenberg are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented Weitz & Luxenberg and/or one or more of its clients in one or more unrelated matters.
Judge J. Craig Whitley Caplin & Drysdale represents a creditors committee in a pending bankruptcy before Judge Whitley.
Robin Wierenga Robin Wierenga was a member of the Ad Hoc Committee of Certainteed Creditors.
Wilentz Goldman Spitzer, P.A. Wilentz Goldman Spitzer, P.A. has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Wilentz Goldman Spitzer, P.A. are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
NOTICE OF HEARING
PLEASE TAKE NOTICE that The Official Committee of Asbestos Personal Injury
Claimants appointed on February 13, 2020 (the “Appointment Date”), in the above-captioned chapter 11 case of DBMP, LLC (the “Debtor”), has filed an Application of The Official Committee of Asbestos Personal Injury Claimants for an Order Authorizing it to Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered as Counsel, Effective as of February 14, 2020 (the "Application").
PLEASE TAKE FURTHER NOTICE that your rights may be affected by this Application. You should read the Application carefully and discuss it with your attorney. If you do not have an attorney, you may wish to consult with one.
PLEASE TAKE FURTHER NOTICE that, pursuant to Fed. R. Bankr. P. 8006, written
responses, if any, must be filed on or before March 23, 2020 (the “Response Deadline”), in order to be considered. If you do not want the Court to grant the relief requested in the Motion, or if you oppose it in any way, you MUST:
1. 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 28234-4189
2. Serve a copy of your response on all parties in interest, including:
a) U.S. Bankruptcy Administrator 402 West Trade Street Charlotte, NC 28202
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355.
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b) HAMILTON STEPHENS STEELE + MARTIN, PLLC Glenn C. Thompson 525 North Tryon Street, Suite 1400 Charlotte, North Carolina 28202 c) ROBINSON & COLE LLP
Natalie D. Ramsey Davis Lee Wright 1000 N. West Street, Suite 1200 Wilmington, Delaware 19801
d) CAPLIN & DRYSDALE, CHARTERED Ann C. McMillan
One Thomas Circle NW, Suite 1100 Washington, DC 20005-5802
PLEASE TAKE FURTHER NOTICE that a hearing on the Motion will be held on March
26, 2020 at 9:30 a.m., before the Honorable Judge J. Craig Whitley in the Bankruptcy Courtroom 1-4, 401 West Trade Street, Charlotte, North Carolina.
PLEASE TAKE FURTHER NOTICE that if you or your attorney do not take these steps,
the Court may decide that you do not oppose the relief sought in the Application and may enter an Order granting the relief requested. No further notice of the hearing will be given. Dated: Charlotte, North Carolina March 5, 2020
HAMILTON STEPHENS STEELE + MARTIN, PLLC
/s/ Glenn C. Thompson
Glenn C. Thompson (Bar No. 37221) 525 North Tryon Street, Suite 1400 Charlotte, North Carolina 28202 Telephone: (704) 344-1117 Facsimile: (704) 344-1483 [email protected]
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
APPLICATION OF THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER AUTHORIZING IT TO RETAIN AND
EMPLOY ROBINSON & COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE AS OF FEBRUARY 14, 2020
The Official Committee of Asbestos Personal Injury Claimants (the “Committee”),
appointed on February 13, 2020 (the “Appointment Date”), in the above-captioned chapter 11 case
of DBMP, LLC (the “Debtor”), hereby submits this application (the “Application”) for entry of an
order, substantially in the form attached hereto as Exhibit A, authorizing the retention and
employment of Robinson & Cole, LLP (“Robinson+Cole”) and Caplin & Drysdale, Chartered
(“Caplin & Drysdale”, and together with Robinson+Cole, the “Committee Counsel”), as counsel
to the Committee effective as of February 14, 2020, pursuant to sections 328(a) and 1103(a) of
Title 11 of the United States Code (the “Bankruptcy Code”), Rules 2014(a) and 2016(b) of the
Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), Rules 2014-1 and 2016-1 of the
Rules of Practice and Procedure of the United States Bankruptcy Court for the Western District of
North Carolina (the “Local Rules”), and consistent with the Guidelines for Compensation and
Expense Reimbursement of Professionals issued by this Court (the “Compensation Guidelines”).
In support of this Application, the Committee submits (i) the declaration of Natalie D. Ramsey
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355.
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(the “Ramsey Declaration”) of Robinson+Cole, attached hereto as Exhibit B; and (ii) the
declaration of Ann C. McMillan (the “McMillan Declaration”) of Caplin & Drysdale, attached
hereto as Exhibit C. In further support of this Application, the Committee states as follows:
JURISDICTION
1. The Court has jurisdiction over this Application pursuant to 28 U.S.C. §§ 157 and
1334. Venue for this Application is proper in this District pursuant to 28 U.S.C. §§ 1408 and
1409. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).
2. The statutory bases for the relief sought are Bankruptcy Code Sections 328(a) and
1103(a), Bankruptcy Rule 2014, and Local Rules 2014-1 and 2016-1.
BACKGROUND
3. On January 23, 2020 (the “Petition Date”), the Debtor commenced this proceeding
(the “Chapter 11 Case”) by filing a voluntary petition for relief under the Bankruptcy Code.
4. Pursuant to sections 1107(a) and 1108 of the Bankruptcy Code, the Debtor has
continued as a debtor-in-possession since the Petition Date. No trustee or examiner has been
appointed in this Chapter 11 Case.
5. Also on the Petition Date, the Debtor filed the Motion of the Debtor for an Order
Appointing an Ad Hoc Committee of Asbestos Personal Injury Claimants as the Official
Committee of Asbestos Personal Injury Claimants. [Docket No. 23]. Subsequently, on February
5, 2020, the Bankruptcy Administrator (the “Administrator”) filed the Motion to Appoint Official
Committee of Asbestos Claimants and Response in Opposition to the Motion of the Debtor for an
Order Appointing an Ad Hoc Committee of Asbestos Personal Injury Claimants as the Official
Committee of Asbestos Injury Claimants [Docket No. 96]. Thereafter, several asbestos claimants
of the Debtor filed requests to be added to the committee of asbestos claimants as proposed by
the Bankruptcy Administrator.
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6. At a hearing held on February 13, 2020, the Court appointed the Committee when
it granted the Administrator’s motion and the request of Wendy Roberts (represented by the law
firm of SWMW Law) to be added to the committee proposed by the Bankruptcy Administrator.
On February 14, 2020, this Court entered an Order [Dkt. No. 155], memorializing its decision to
appoint the Committee, which comprises (i) Theresa V. Germont, represented by Christopher M.
Placitella of the law firm Cohen, Placitella & Roth, P.C.; (ii) Robin S. Wierenga, represented by
John D. Cooney of the law firm Cooney & Conway; (iii) Earl F. Powell, represented by Bruce E.
Mattock of the law firm Goldberg Persky White, P.C.; (iv) Patsy Diehl, Special Administrator of
Carl Diehl, represented by Sara Salger of The Gori Law Firm; (v) Cindy Burch, represented by
Steven Kazan of the law firm Kazan, McClain, Satterly & Greenwood PLC; (vi) Kurt Henningsen,
represented by Armand J. Volta, Jr. of the Law Offices of Peter G. Angelos, P.C.; (vii) Jimmy
Reich, represented by Marcus E. Raichle, Jr. and Chris McKean of the law firm Maune Raichle
Hartley French & Mudd, LLC; (viii) James Hunt, represented by Michael Shepard of The Shepard
Law Firm; (ix) Francisco Galaviz, represented by Robert E. Shuttlesworth of the law firm
Schrader & Associates, L.L.P.; (x) Michael Nuzzolese, represented by Lisa Busch of the law firm
Weitz & Luxenberg, P.C.; and (xi) Wendy Roberts, spouse of Colin Roberts, Deceased,
represented by Lauren E. Williams of the law firm SWMW Law, LLC.
7. On February 14, 2020, the Committee selected the Committee Counsel to serve as
its counsel.
RELIEF REQUESTED
8. By this Application, the Committee seeks to employ and retain Robinson+Cole and
Caplin & Drysdale as of the date they were selected, February 14, 2020, to represent the Committee
in this Chapter 11 Case as its counsel. Accordingly, the Committee respectfully requests entry of
an order pursuant to Bankruptcy Code Sections 328(a) and 1103(a), Bankruptcy Rules 2014(a)
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and 2016(b), and Local Rules 2014-1 and 2016-1, in substantially the form attached hereto,
authorizing the Committee to employ and retain the Committee Counsel as its legal counsel in this
Chapter 11 Case.
THE COMMITTEE COUNSEL’S QUALIFICATIONS
9. The Committee has selected the Committee Counsel because of their attorneys’
experience and knowledge in chapter 11 cases, their vast experience and knowledge in chapter 11
cases involving asbestos claims, and because of the absence of any conflict of interest. Both
Robinson+Cole and Caplin & Drysdale have advised the Committee that each may have in the past
represented or opposed, may currently represent or oppose, and may in the future represent or
oppose, in matters wholly unrelated to the Debtor’s pending case, entities that are claimants of the
Debtor or other parties-in-interest (or service providers thereto) in this Chapter 11 Case. Each of
Robinson+Cole and Caplin & Drysdale has not (except as disclosed in the Ramsey Declaration
and the McMillan Declaration) and will not represent any such parties, or any of its affiliates or
subsidiaries, in relation to the Committee, the Debtor, or this Chapter 11 Case.
9. The Committee believes that the Committee Counsel are well qualified to represent
them in this Chapter 11 Case in an efficient manner. The Committee selected the Committee
Counsel as its counsel because the professionals have substantial experience in bankruptcy cases,
including serving as counsel for asbestos committees, in complex corporate transactions, and in
complex litigation. Further, the Committee Counsels’ appearances before this Court for the
applications, motions, and other matters in this Chapter 11 Case will be efficient and cost-effective
for the Debtor’s estates.
10. Namely, Robinson+Cole has extensive experience in numerous other chapter 11
bankruptcy cases including: In re Imerys Talc America, Inc., Case No. 19-10289 (D. Del.); In re
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Bestwall, LLC, Case No. 17-31795 (W.D.N.C.); In re Specialty Prods. Holding Corp. et al., Case
No. 10-11780 (Bankr. D. Del.); In re United Gilsonite Labs., Case No. 11-02030 (Bankr. M.D.
Pa.); In re Tronox Incorporated, et al., Case No. 09-10156 (Bankr. S.D.N.Y.); In re Leslie
Controls, Inc., Case No. 10-12199-CSS (Bankr. D. Del.); In re BPS US Holdings Inc., et al., Case
No. 16-12373 (Bankr. D. Del.); In re Energy Future Holdings Corp., et al., Case No. 14-10979
(Bankr. D. Del.); In re O.W. Bunker Holding North America Inc., et al., Case No. 14-51720
(Bankr. D. Conn.); In re Reichhold Holdings US, Inc., et al., Case No. 14-12237 (Bankr. D. Del.);
In re TH Props., L.P., Case No. 09-13201 (Bankr. E.D. Pa); In re NutraQuest, Inc., Case No. 03-
44147 (Bankr. D.N.J.); and In re Combustion Eng’g, Inc., Case No. 03-10495 (Bankr. D. Del.).
11. Robinson+Cole also currently represents certain advisory committees of asbestos
settlement trusts created for the benefit of asbestos claimants pursuant to the plans confirmed in
several bankruptcies. These include the Leslie Controls, Inc. Personal Injury Trust, the United
Gilsonite Laboratories Personal Injury Trust, the Maremont Asbestos Personal Injury Trust, the
Bondex Asbestos Personal Injury Trust, and the NMBFiL, Inc. Asbestos Personal Injury Trust.
12. Similarly, among the chapter 11 cases in which Caplin & Drysdale represents or
has represented statutory committees of asbestos creditors are those of In re Johns-Manville
Corp., Case No. 82-11656 (Bankr. S.D.N.Y.); In re ACandS, Inc., Case No. 02-12687 (Bankr. D.
Del.); In re Armstrong World Indus., Inc., Case No. 00-4471 (Bankr. D. Del.); In re Babcock &
Wilcox Co., Case No. 00-10992 (E.D.L.A.); In re Burns & Roe Enterprises, Inc., Case No. 00-
41610 (Bankr. D.N.J.); In re Combustion Engineering, Inc., Case No. 03-10495 (Bankr. D. Del.);
In re Congoleum Corp., Case No. 03-51524 (Bankr. D.N.J.); In re Durabla Manufacturing Co.
and Durabla Canada Ltd., No. 09-14415 (Bankr. D. Del.); In re Duro Dyne Corp., Case No. 18-
27963 (Bankr. D.N.J.); In re The Fairbanks Co., Case No. 18-41768 (Bankr. N.D. Ga.); In re
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Federal-Mogul Global, Inc., Case No. 01-10578 (Bankr. D. Del.); In re The Flintkote Co. and
Flintkote Mines, Ltd., Case No. (Bankr.); In re Garlock Sealing Technologies LLC, Case No. 10-
31607 (Bankr. W.D.N.C.); In re Geo. V. Hamilton, Inc., Case No. 15-23704 (Bankr. W.D. Pa.);
In re G-I Holdings Inc., Case No. 01-30135 (Bankr. D.N.J.); In re Global Indus. Technologies,
Inc., Case No.0 2-21626 (Bankr. W.D. Pa.); In re Kaiser Aluminum Corp., Case No. 02-10429
(Bankr. D. Del.); In re Kaiser-Gypsum Corp., Case No. 1 6-31602 (Bankr. W.D.N.C.); In re Metex
Mfg. Corp. (f/k/a Kentile Floors, Inc.), Case No. 12-14554 (Bankr. S.D.N.Y.); In re Motors
Liquidation Co. (f/k/a General Motors Corp.), Case No. 09-50026 (Bankr. S.D.N.Y.); In re N.
American Refractories Co., Case No. 02-20198 (Bankr. W.D. Pa.); In re Owens Corning Corp.,
Case No. 00-03837 (Bankr. D. Del.); In re Paddock Enterprises, LLC, Case No. 20-10028 (Bankr.
D. Del.); In re Pittsburgh Corning Corp., Case No. 00-22876 (Bankr. W.D. Pa.); In re Plant
Insulation Co., Case No. 19-30115 (Bankr. N.D. Cal.); In re Quigley Co., Inc., Case No. 04-15739
(Bankr. S.D.N.Y.); In re Rapid-American Corp., Case No. 13-10687 (Bankr. S.D.N.Y.); In re
Raytech Corporation, Case No. 89-00293 (Bankr. D. Conn.); In re Thorpe Insulation Co., Case
No. :07-20016 (Bankr. C.D. Cal.); In re Sepco Corp., Case No. 16-50058 (Bankr. N.D. Ohio); In
re USG Corp., Case No. 01-2094 (Bankr. D. Del.); In re Western MacArthur Co. (a/k/a Western
Asbestos), Case No. 02-46284 (Bankr. N.D. Cal.); In re W.R. Grace & Co., Case No. 01-01139
(Bankr. D. Del.); and In re Yarway Corp., Case No. 13- 11025 (Bankr. D. Del.).
13. Caplin & Drysdale also currently represents certain advisory committees of
asbestos settlement trusts created for the benefit of asbestos claimants pursuant to the plans
confirmed in several bankruptcies. These include the ACandS Asbestos Settlement Trust
Advisory Committee; the PI Trust Advisory Committee of the Armstrong World Industries, Inc.
Asbestos Personal Injury Settlement Trust; the ASARCO Asbestos Personal Injury Settlement
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Trust Advisory Committee; the Babcock & Wilcox Company Asbestos PI Trust Advisory
Committee; the Burns and Roe Asbestos PI Settlement Trust Advisory Committee; the Celotex
Asbestos Settlement Trust Advisory Committee; the Congoleum Plan Trust Advisory Committee;
the DII Industries, LLC Asbestos PI Trust Advisory Committee; the Durabla Manufacturing
Company and Durabla Canada Ltd. Asbestos Trust Advisory Committee; the Federal-Mogul
Asbestos Personal Injury Trust Advisory Committee; the Flintkote Asbestos Trust Advisory
Committee; the Geo. V. Hamilton, Inc. Asbestos Trust Advisory Committee; the G-I Holdings
Inc. Asbestos Personal Injury Settlement Trust Advisory Committee; the GST Settlement Facility
Claimant Advisory Committee; the Kaiser Aluminum & Chemical Corporation Asbestos PI Trust
Advisory Committee; the Trust Advisory Committee of the Keene Creditors Trust; the Selected
Counsel for the Beneficiaries of the Manville Personal Injury Settlement Trust; the Metex
Asbestos PI Trust Advisory Committee; the Motors Liquidation Company Asbestos PI Trust
Advisory Committee; the North American Refractories Company Asbestos Trust Advisory
Committee; the Owens Corning/Fibreboard PI Trust Advisory Committee; the Pittsburgh Corning
Corporation Trust Advisory Committee; the Quigley Company, Inc. Asbestos PI Trust Advisory
Committee; the United States Gypsum PI Trust Advisory Committee; the United States Mineral
Products Company Personal Injury Asbestos Trust Advisory Committee; the WRG Asbestos PI
Trust Advisory Committee; and the Yarway Trust Advisory Committee.
SERVICES TO BE PROVIDED
14. Subject to the direction of the Committee and further order of this Court, the
professional services to be rendered by the Committee Counsel to the Committee will include the
following:
a. assisting and advising the Committee in evaluating the Debtor’s chapter 11 filing;
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b. assisting and advising the Committee in its discussions with the Debtor, the future claims representative, and other parties-in-interest regarding the overall administration of this Chapter 11 Case;
c. assisting and advising the Committee in its examination and analysis of the conduct of the Debtor’s affairs;
d. analyzing, advising and representing the Committee with regard to any causes of action belonging to the Debtor’s estate, including, without limitation, reviewing and investigating pre-petition transactions in which the Debtor and/or its insiders were involved;
e. assisting, advising, and representing the Committee in analyzing and investigating the acts, conduct, assets, liabilities, corporate structure, and financial condition of the Debtor, including, without limitation, the Debtor’s financial disclosures and related matters, the Debtor’s operations, and any other matters relevant to this case;
f. reviewing and analyzing pleadings, orders, schedules, and other documents filed and to be filed with this Court by interested parties in this case; advising the Committee as to the necessity, propriety, and impact of the foregoing upon this case; and responding, including consenting or objecting, to pleadings or orders on behalf of the Committee, as appropriate;
g. assisting the Committee in preparing such applications, motions, memoranda, proposed orders, and other pleadings as may be required in support of positions taken by the Committee, including all trial preparation as may be necessary;
h. representing the Committee at hearings to be held before this Court and communicating with the Committee regarding the matters heard and the issues raised as well as the decisions and considerations of this Court, including without limitation, any estimation hearing and related hearings;
i. conferring with the professionals retained by the Debtor, the future claims representative, and other parties-in-interest, as well as with such other professionals as may be selected and employed by the Committee;
j. coordinating the receipt and dissemination of information prepared by and received from the Debtor’s professionals, as well as such information as may be received from professionals engaged by the future claims representative, the Committee, or other parties-in-interest in this case;
k. participating in such examinations of the Debtor and other witnesses as may be necessary in connection with this Chapter 11 Case;
l. negotiating and formulating any plan of reorganization and section 524(g) personal injury trust for the Debtor that may be proposed in this case; and
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m. assisting the Committee generally in performing such other services as may be desirable or required for the discharge of the Committee’s duties pursuant to section 1103 of the Bankruptcy Code.
15. By separate application, the Committee will seek approval of local counsel in this
Chapter 11 Case. The Committee believes that if this Court approves the employment of the
Committee Counsel, these firms will allocate their delivery of services to the Committee so as to
avoid any unnecessary duplication of services. It is the carefully considered view of the Committee
that, considering the size and complexity of this Chapter 11 Case and the various interests involved,
representation of the Committee by the Committee Counsel is necessary, advisable, and in the best
interests of the Debtor’s estates and the Committee.
COMMITTEE COUNSEL CONNECTIONS IN THIS CASE
16. Under section 1103(a) of the Bankruptcy Code, a statutory committee “with the
court’s approval, . . . may select and authorize the employment . . . of one or more attorneys . . . to
represent or perform services for such committee.” 11 U.S.C. § 1103(a). An attorney employed
by the committee “may not, while employed by such committee, represent any other entity having
an adverse interest in connection with the case.” 11 U.S.C. § 1103(b). But, “[r]epresentation of
one or more creditors of the same class as represented by the committee shall not per se constitute
the representation of an adverse interest.” 11 U.S.C. § 1103(b).
17. Although section 1103 does not require committee professionals to be disinterested
in order to be retained and employed by a committee, section 328(c) of the Bankruptcy Code states
that “the court may deny allowance of compensation for services and reimbursement of expenses
of [such] a professional” if such professional is not a “disinterested person.” Section 101(14) of
the Bankruptcy Code defines “disinterested person” as a person that:
a. is not a creditor, an equity security holder, or an insider;
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b. is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor; and
c. does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity security holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason.
11 U.S.C. § 101(14).
18. To the best of the Committee’s knowledge, information and belief, and except as
disclosed herein and in the Ramsey Declaration and the McMillan Declaration, neither the
Committee Counsel nor any of their firms’ partners, senior counsel, of counsel, or associates has
had or presently has any connections with the Debtor, its creditors, members, or any other party-
in-interest, or their respective attorneys, accountants, the Bankruptcy Administrator, or the Judges
for the United States Bankruptcy Court for the Western District of North Carolina, in any matters
related to the Debtor or its estate.
19. The Committee has reviewed the Ramsey Declaration and the McMillan
Declaration, including the “connections” to these cases disclosed therein, as such term is used in
Bankruptcy Rule 2014(a). Notwithstanding anything set forth in the Ramsey Declaration, the
McMillan Declaration, or herein, the Committee believes that each Committee Counsel is a
“disinterested person,” and does not hold or represent an interest adverse to the Debtor’s estate
with respect to the matters for which the Committee Counsel is to be employed, as required by
Bankruptcy Code Section 328(c).
20. As detailed in the Ramsey Declaration, prior to being selected by the Committee to
serve as counsel, Robinson+Cole represented certain personal injury law firms representing
claimants with asbestos claims against CertainTeed/the Debtor before the filing of this Chapter 11
case and, along with Hamilton Stephens Steele + Martin, PLLC, represented twelve personal injury
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claimants who are clients of the law firms of Maune Raichle Hartley French & Mudd, LLC,
SWMW Law, LLC, Bergman Draper Oslund Udo; Paul, Reich & Meyers; The Shepard Law Firm,
Dean Omar Branham Shirley LLP; Shrader & Associates, L.L.P., Clint Law, and Wallace &
Graham in this Chapter 11 Case for limited purposes which terminated upon the Committee’s
appointment. Robinson & Cole did not and will not request or receive any compensation or
reimbursement of expenses for this former representation. Maune Raichle Hartley French &
Mudd, LLC, SWMW Law, LLC, The Shepard Law Firm, and Shrader & Associates, L.L.P.,
represent clients appointed to the Committee; the remaining firms represent clients who were not
appointed to the Committee.
21. As detailed in the McMillan Declaration, prior to being selected by the Committee
to serve as counsel, Caplin & Drysdale was retained by Michael Nuzzolese, Yolanda Fernandez-
Arreola (individually and as successor-in-interest to Luis Felipe Fernandez), Earl F. Powell, and
Robin Wierenga in her capacity as Special Administrator of the Estate of Bruce Wierenga—each
the holder of an asbestos claim against the Debtor, to represent them in the bankruptcy and related
proceedings until such time as the Committee was formed. That representation terminated upon
the Committee’s formation. Caplin & Drysdale did not and will not request or receive any
compensation or reimbursement of expenses for this former representation. Each of those
claimants, with the exception of Ms. Fernandez-Arreola, was appointed to the Committee.
COMMITTEE COUNSEL COMPENSATION
22. The Committee Counsel have advised the Committee that they intend to apply to
the Court for compensation for professional services rendered and reimbursement of expenses
incurred in accordance with Bankruptcy Code Sections 330 and 331, and applicable provisions of
the Bankruptcy Rules, the Local Rules, the Compensation Guidelines issued by this Court, the
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Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of
Retained Professionals [Docket No. 150] (the “Interim Compensation Order”), and any other
applicable procedures and orders of the Court. Subject to this Court’s approval and in accordance
with sections 330 and 331 of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, and
the Compensation Guidelines issued by this Court, the Committee requests that the Committee
Counsel be compensated on an hourly basis, plus reimbursement of the actual and necessary
expenses that the Committee Counsel incur, in accordance with the ordinary and customary rates
that are in effect on the date the services are rendered.
23. It is anticipated that the primary attorneys who will represent the Committee are
Natalie D. Ramsey (whose current hourly rate is $960), Kevin Maclay (whose current hourly rate
is $845), Davis Lee Wright (whose current hourly rate is $730), and Todd E. Phillips (whose
current hourly rate is $695).
24. It is anticipated that other attorneys or paraprofessionals from the law firms on the
Committee Counsel may, from time to time, provide legal services on behalf of the Committee in
connection with the matters described herein. The current standard hourly rates for the anticipated
Committee Counsel attorneys and paraprofessionals are as follows:
Robinson+Cole Partners $430-$960 per hour Of Counsel $360-$610 per hour Associates $250-$570 per hour Paralegals $190-$380 per hour
Caplin & Drysdale
Partners $540-$1,470 per hour Of Counsel $515-$1,120 per hour Associates $325-$535 per hour Paralegals $295-$340 per hour
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25. Other attorneys and paralegals will render services to the Committee as needed.
The hourly rates set forth above are the rates of the Committee Counsel firms’ standard hourly
rates for work of this nature. These rates are set at a level designed to compensate fairly the
Committee Counsel for the work of their attorneys and paralegals and to cover fixed and routine
overhead expenses. Each Committee Counsel has informed the Committee that its hourly rates are
subject to periodic adjustment in accordance with its firm’s policies on established billing practices
and procedures.
26. In addition to the hourly rates set forth above, it is each Committee Counsel firm’s
policy to charge its clients in all areas of practice for all other expenses incurred in connection with
the client’s case. The expenses charged to clients include, among other things, telephone and
telecopier (outgoing only) toll and other charges, mail and express mail charges, special or hand
delivery charges, photocopying charges, printing and scanning charges, charges for mailing
supplies (including, without limitation, envelopes and labels) provided by the Committee Counsel
to outside copying services for use in mass mailings, travel expenses, after-hours taxi/Uber/Lyft
expenses, expenses for working meals or overtime/after-hours meals, computerized research
charges, and transcription costs, as well as non-ordinary overhead expenses such as secretarial and
other overtime. Each Committee Counsel will charge for these expenses in a manner and at rates
consistent with charges made generally to such firm’s other clients and the Local Rules.
27. The Committee Counsel will maintain detailed records of fees and expenses
incurred in connection with the rendering of the legal services described herein, in accordance with
applicable rules and guidelines.
28. Section 328(a) of the Bankruptcy Code authorizes the employment of a professional
person on any reasonable terms and conditions of employment, including on an hourly basis. 11
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U.S.C. § 328(a). The Committee believes that the hourly rates and expense policies of the
Committee Counsel, which are applied to other clients of the Committee Counsel firms, constitute
fair and reasonable terms and conditions for the retention by the Committee of the Committee
Counsel as counsel in accordance with Bankruptcy Code section 328(a).
29. The Committee requests that the Committee Counsel be allowed compensation for
its services and reimbursement for their expenses in accordance with Bankruptcy Code Sections
330 and 331 and Bankruptcy Rule 2016 upon submission of appropriate applications for each of
the respective firms therefor in compliance with all applicable orders, rules, and guidelines, subject
to the review and approval of this Court.
NOTICE
30. Notice of this Motion has been provided to: (a) the Bankruptcy Administrator; (b)
counsel for the Debtor; (c) counsel to the non-debtor affiliate CertainTeed LLC, a Delaware
limited liability company; and (d) any party that has requested notice pursuant to Bankruptcy
Rule 2002. In light of the nature of the relief requested, the Committee submits that no further
notice is necessary.
NO PRIOR REQUEST
31. No prior request for the relief sought in this Application has been made to this or
any other court in connection with the Chapter 11 Case.
RESERVATION OF RIGHTS
27. The Committee expressly reserves all rights with respect to challenging the
validity, propriety, jurisdiction, and venue of this Chapter 11 Case, including without limitation
seeking to dismiss the Chapter 11 Case pursuant section 1112 of the Bankruptcy Code and
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seeking to transfer the Chapter 11 Case pursuant to sections 1406 and 1408 of title 28 of the
United States Code and section 105 of the Bankruptcy Code.
CONCLUSION
WHEREFORE, the Committee respectfully requests that this Court enter an Order, in
substantially the form annexed hereto, authorizing it to retain and employ the Committee
Counsel to represent it in this Chapter 11 Case and for such other and further relief as the Court
deems just and equitable.
Dated: March 5, 2020 OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS By: /s/ Bruce E. Mattock Bruce E. Mattock, Esq., Co-Chair By: /s/ Marcus E. Raichle Marcus E. Raichle, Jr., Esq., Co-Chair
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CERTIFICATE OF SERVICE
I hereby certify that on March 5, 2020 copies of the Application of The Official Committee of Asbestos Personal Injury Claimants for an Order Authorizing it to Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Charted, as Counsel, Effective as of February 14, 2020 and Notice of Hearing were served electronically on those parties receiving notice in this case through CM/ECF, and by email or US Mail, postage prepaid, as shown below:
Gregory M. Gordon [email protected]
Danielle Barav-Johnson [email protected]
Deirdre Woulfe Pacheco, Esq 150 Washington Avenue, Suite 201 Santa Fe, NM 87501
Dated: March 5, 2020 Charlotte, North Carolina HAMILTON STEPHENS
STEELE + MARTIN, PLLC
/s/ Glenn C. Thompson Glenn C. Thompson (NC Bar No. 37221) 525 North Tryon Street, Ste. 1400 Charlotte, North Carolina 28202 Telephone: (704) 344-1117 Facsimile: (704) 344-1483 Email: [email protected]
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Exhibit A
Proposed Order
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
[PROPOSED] ORDER APPROVING THE APPLICATION OF THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER
AUTHORIZING IT TO RETAIN AND EMPLOY ROBINSON & COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE
AS OF FEBRUARY 14, 2020
Upon the application (the “Application”) 2 of the Official Committee of Asbestos
Claimants of DBMP LLC (the “Committee”) for entry of an order (this “Order”) authorizing the
Committee to retain and employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered (the
“Committee Counsel”) as its counsel in connection with the Chapter 11 Case of DBMP LLC (the
“Debtor”); it appearing that this Court has jurisdiction to consider the Application pursuant to 28
U.S.C. §§ 157 and 1334; and it appearing that venue of this Chapter 11 Case and the Application
in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that this matter
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355. 2 Any capitalized term not defined herein shall have the meaning ascribed to it as set forth in the Application.
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is a core proceeding pursuant to 28 U.S.C. § 157(b); and upon the Ramsey Declaration and the
McMillan Declaration; and this Court being satisfied based on the representations made in the
Application, and the Ramsey Declaration and the McMillan Declaration that (a) each Committee
Counsel is a “disinterested person” within the meaning of section 101(14) of the Bankruptcy
Code, (b) neither Committee Counsel represents any person or entity having an interest adverse
to the Committee in connection with this Chapter 11 Case, (c) neither Committee Counsel holds
or represents an interest adverse to the interests of the Debtor’s estate with respect to matters on
which the Committee Counsel is employed, (d) neither Committee Counsel has any connection
to the Debtor, its creditors, or any other party in interest except as disclosed in the Application,
the Ramsey Declaration, or the McMillan Declaration, and (e) the retention and employment of
the Committee Counsel as counsel to the Committee, is reasonable, necessary, and appropriate
and is in the best interests of the Committee; and this Court having found that notice of the
Application was sufficient under the circumstances, and that, except as otherwise ordered herein,
no other or further notice is necessary; and after due deliberation thereon; and good and
sufficient cause appearing therefor;
IT IS HEREBY ORDERED THAT:
1. The Application is GRANTED as set forth herein.
2. In accordance with Bankruptcy Code sections 328(a) and 1103(a), Bankruptcy
Rule 2014, and Local Bankruptcy Rules 2014-1 and 2016-1, the Committee is hereby authorized
to employ and retain the Committee Counsel as its counsel in the above-captioned Chapter 11
Case on the terms and conditions set forth in the Application and the Ramsey Declaration and the
McMillan Declaration.
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3. The Committee Counsel are authorized to render the professional services set forth
in the Application and the Ramsey Declaration and the McMillan Declaration.
4. The Committee Counsel shall use their reasonable efforts to avoid any duplication
of services provided by any of the Committee’s other retained professionals in this Chapter 11
Case.
5. Each of the Committee Counsel shall separately apply for compensation for
professional services rendered and reimbursement of expenses incurred in connection with such
firm’s work as the Committee Counsel for representation of the Committee in the Debtor’s
Chapter 11 Case in compliance with sections 330 and 331 of the Bankruptcy Code and applicable
provisions of the Bankruptcy Rules, the Local Rules, the Compensation Guidelines issued by this
Court, the Interim Compensation Order, and any other applicable procedures and orders of the
Court.
6. This Order shall be immediately effective and enforceable upon its entry.
7. The Committee and the Committee Counsel are authorized to take all actions
necessary to effectuate the relief granted pursuant to this Order.
8. To the extent the Application or the Ramsey Declaration or the McMillan
Declaration is inconsistent with the terms of this Order, the terms of this Order shall govern.
9. This Court shall retain exclusive jurisdiction over all matters pertaining to this
Order and the Application.
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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Exhibit B
Ramsey Declaration
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
DECLARATION OF NATALIE D. RAMSEY IN SUPPORT OF THE APPLICATION OF
THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER AUTHORIZING IT TO RETAIN AND EMPLOY ROBINSON &
COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE AS OF FEBRUARY 14, 2020
Natalie D. Ramsey hereby makes this Declaration pursuant to 28 U.S.C. § 1746 and
states:
1. I am an attorney admitted to practice in the States of Delaware and New York, and
the Commonwealth of Pennsylvania, and a partner of the firm of Robinson & Cole, LLP
(“Robinson+Cole”). I submit this Declaration on behalf of Robinson+Cole in connection with
the Application of the Official Committee of Asbestos Claimants for an Order Authorizing it to
Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered as Counsel,
Effective as of February 14, 2020 (the “Application”). 2 Unless otherwise stated in this
Declaration, I have personal knowledge of the facts hereinafter set forth. To the extent that any
information disclosed herein requires amendment or modification upon Robinson+Cole’s
completion of further analysis, or as additional creditor information becomes available to it, a
supplement to this Declaration will be submitted to the Court.
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355. 2 Any capitalized term not defined herein shall have the meaning ascribed to it as set forth in the Application.
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Robinson+Cole’s Qualifications
2. Robinson+Cole is well qualified to serve as part of the Committee’s Committee
Counsel in the Chapter 11 Case. The attorneys at Robinson+Cole have substantial experience in
bankruptcy cases, including bankruptcies involving asbestos committees, complex corporate
transactions, and complex litigation. In addition, Robinson+Cole has the ability to respond quickly
to emergency hearings and other emergency matters in this Court and its appearance before this
Court for the applications, motions, and other matters in this Chapter 11 Case will be efficient and
cost-effective for the Debtor’s estates.
3. Robinson+Cole has extensive experience in numerous other chapter 11 bankruptcy
cases including In re Imerys Talc America, Inc., Case No. 19-10289 (D. Del.); In re Bestwall, LLC,
Case No. 17-31795 (W.D.N.C.); In re Specialty Prods. Holding Corp. et al., Case No. 10-11780
(Bankr. D. Del.); In re United Gilsonite Labs., Case No. 11-02030 (Bankr. M.D. Pa.); In re Tronox
Incorporated, et al., Case No. 09-10156 (Bankr. S.D.N.Y.); In re Leslie Controls, Inc., Case No.
10-12199-CSS (Bankr. D. Del.); In re Offshore Specialty Fabricators, LLC, Case No. 17-35623
(Bankr. S.D. Tex.); In re BPS US Holdings Inc., et al., Case No. 16-12373 (Bankr. D. Del.); In re
Energy Future Holdings Corp., et al., Case No. 14-10979 (Bankr. D. Del.); In re O.W. Bunker
Holding North America Inc., et al., Case No. 14-51720 (Bankr. D. Conn.); In re Reichhold
Holdings US, Inc., et al., Case No. 14-12237 (Bankr. D. Del.); In re TH Props., L.P., Case No. 09-
13201 (Bankr. E.D. Pa); In re Toisa Ltd., Case No. 17-10184 (Bankr. S.D.N.Y.); In re Nutraquest,
Inc., Case No. 03-44147 (Bankr. D.N.J.); In re Combustion Eng’g, Inc., Case No. 03-10495
(Bankr. D. Del.).
4. Robinson+Cole also currently represents certain advisory committees of asbestos
settlement trusts created for the benefit of asbestos claimants pursuant to the plans confirmed in
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several bankruptcies. These include the Leslie Controls, Inc. Personal Injury Trust, the United
Gilsonite Laboratories Personal Injury Trust, the Maremont Asbestos Personal Injury Trust, the
Bondex Asbestos Personal Injury Trust, and the NMBFiL, Inc. Asbestos Personal Injury Trust.
Services to be Provided by Robinson+Cole
5. Robinson+Cole will provide advice to the Committee consistent with its direction
and any order issued by the Bankruptcy Court. Specifically, Robinson+Cole will act as part of the
Committee Counsel that will provide the following professional services to the Committee:
a. assisting and advising the Committee in evaluating the Debtor’s chapter 11 filing;
b. assisting and advising the Committee in its discussions with the Debtor, the future claims representative, and other parties-in-interest regarding the overall administration of this Chapter 11 Case;
c. assisting and advising the Committee in its examination and analysis of the conduct of the Debtor’s affairs;
d. analyzing, advising and representing the Committee with regard to any causes of action belonging to the Debtor’s estate, including, without limitation, reviewing and investigating pre-petition transactions in which the Debtor and/or its insiders were involved;
e. assisting, advising, and representing the Committee in analyzing and investigating the acts, conduct, assets, liabilities, corporate structure, and financial condition of the Debtor, including, without limitation, the Debtor’s financial disclosures and related matters, the Debtor’s operations, and any other matters relevant to this case;
f. reviewing and analyzing pleadings, orders, schedules, and other documents filed and to be filed with this Court by interested parties in this case; advising the Committee as to the necessity, propriety, and impact of the foregoing upon this case; and responding, including consenting or objecting, to pleadings or orders on behalf of the Committee, as appropriate;
g. assisting the Committee in preparing such applications, motions, memoranda, proposed orders, and other pleadings as may be required in support of positions taken by the Committee, including all trial preparation as may be necessary;
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h. representing the Committee at hearings to be held before this Court and communicating with the Committee regarding the matters heard and the issues raised as well as the decisions and considerations of this Court, including without limitation, any estimation hearing and related hearings;
i. conferring with the professionals retained by the Debtor, the future claims representative, and other parties-in-interest, as well as with such other professionals as may be selected and employed by the Committee;
j. coordinating the receipt and dissemination of information prepared by and received from the Debtor’s professionals, as well as such information as may be received from professionals engaged by the future claims representative, the Committee, or other parties-in-interest in this case;
k. participating in such examinations of the Debtor and other witnesses as may be necessary in connection with this Chapter 11 Case;
l. negotiating and formulating any plan of reorganization and section 524(g) personal injury trust for the Debtor that may be proposed in this case; and
m. assisting the Committee generally in performing such other services as may be desirable or required for the discharge of the Committee’s duties pursuant to section 1103 of the Bankruptcy Code.
6. Subject to this Court’s approval of the Application, Robinson+Cole is willing to
serve as the Committee’s co-counsel and to perform the services described above.
7. Robinson+Cole is committed to minimizing duplication of services in order to,
among other things, manage professional costs. To that end, Robinson+Cole is prepared to work
closely with its proposed co-counsel and any other professionals engaged by the Committee to
ensure that there is no unnecessary duplication of effort or cost.
Robinson+Cole’s Compensation
8. Robinson+Cole will apply to the Court for compensation for professional services
rendered and reimbursement of expenses incurred in accordance with Bankruptcy Code Sections
330 and 331, and applicable provisions of the Bankruptcy Rules, the Local Rules, the
Compensation Guidelines issued by this Court, the Interim Compensation Order, and any other
applicable procedures and orders of the Court.
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9. Robinson+Cole will be compensated at its standard hourly rates for matters of this
nature, which are based on the professional’s level of experience. At present, the standard hourly
rates charged by Robinson+Cole are in the following ranges:
Partners $430-$960 per hour Of Counsel $360-$610 per hour Associates $250-$570 per hour Paralegals $190-$380 per hour
10. Other attorneys and paralegals will render services to the Committee as needed.
The hourly rates set forth above are Robinson+Cole’s standard hourly rates for work of this nature.
These rates are set at a level designed to compensate fairly Robinson+Cole for the work of its
attorneys and paralegals and to cover fixed and routine overhead expenses. Robinson+Cole’s
hourly rates are subject to periodic adjustment in accordance with established billing practices and
procedures. The names, positions, and current hourly rates for those Robinson+Cole professionals
currently expected to spend significant time on this Chapter 11 Case are attached as Schedule 3.
11. Robinson+Cole’s policy is to charge its clients in all areas of practice for all other
expenses incurred in connection with the client’s case. The expenses charged to clients include,
among other things, telephone and telecopier (outgoing only) toll and other charges, mail and
express mail charges, special or hand delivery charges, photocopying charges, printing and
scanning charges, charges for mailing supplies (including, without limitation, envelopes and
labels) provided by Robinson+Cole to outside copying services for use in mass mailings, travel
expenses, after-hours taxi, Uber, and Lyft expenses, expenses for working meals or overtime/after-
hours meals, computerized research charges, transcription costs, as well as non-ordinary overhead
expenses such as secretarial and other overtime. Robinson+Cole will charge for these expenses in
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a manner and at rates consistent with charges made generally to Robinson+Cole’s other clients
and the Local Rules.
12. The fees and expense reimbursement provisions described above are consistent
with normal and customary billing practices for cases of this size and complexity that require the
level and scope of services outlined. Robinson+Cole also believes that the foregoing
compensation arrangements are both reasonable and market-based.
13. Robinson+Cole will maintain detailed records of fees and expenses incurred in
connection with the rendering of the legal services described herein, in accordance with applicable
rules and guidelines.
Robinson+Cole’s Connections in this Case
14. In connection with the Committee’s proposed retention of Robinson+Cole, an
extensive review of Robinson+Cole’s connections (as such term is used in Bankruptcy Rule
2014(a)) with the Debtor, its creditors, affiliated entities, other parties-in-interest, and their
respective attorneys and/or accountants (collectively, the “Case Parties”) was conducted. For the
purpose of compiling the list of Case Parties, Robinson+Cole utilized the interest party listing
utilized by the Debtor’s professionals in connection with their retention applications filed in this
Chapter11 Case.
15. Attached hereto as Schedule 1 is a list of the Case Parties that were checked against
a database containing Robinson+Cole’s “connections.” For the purpose of this Chapter 11 Case,
only potential connections that existed as of February 1, 2018 through the date hereof were
checked. These connections were then reviewed to identify any relationship that would need to
be disclosed in accordance with Bankruptcy Rule 2014.
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16. A copy of the relevant results of Robinson+Cole’s conflict check is attached hereto
as Schedule 2.
17. Robinson+Cole maintains and systematically updates its conflict check system in
the regular course of its business and it is the regular practice of Robinson+Cole to make and
maintain these records. The conflict system maintained by Robinson+Cole is designed to include
(a) every active matter on which Robinson+Cole is engaged, (b) every closed matter on which
Robinson+Cole has been engaged since at least 2002,3 (c) the entity by which it is now or has been
engaged, (d) the identity of related parties, (e) the identity of adverse parties, and (f) the attorney
at Robinson+Cole that is knowledgeable about the matter. It is the policy of Robinson+Cole that
no new matter may be accepted or opened within the firm without completing and submitting to
those charged with maintaining the conflict check system the information necessary to check each
such matter for conflicts, including the identity of the prospective client, the matter, and the related
and adverse parties. Accordingly, the database maintained on the system is updated for every new
matter undertaken by Robinson+Cole. The scope of the system is a function of the completeness
and accuracy of the information submitted by the attorney opening a new matter.
18. Prior to being selected by the Committee to serve as counsel, Robinson+Cole
represented twelve personal injury claimants who are clients of the law firms of Maune Raichle
Hartley French & Mudd, LLC, SWMW Law, LLC, Bergman Draper Oslund Udo; Paul, Reich &
Meyers; The Shepard Law Firm, Dean Omar Branham Shirley LLP; Shrader & Associates, L.L.P.,
Clint Law, and Wallace & Graham in this Chapter 11 Case for limited purposes which terminated
upon the Committee’s appointment. Robinson+Cole did not and will not request or receive any
3 In 2002 Robinson & Cole migrated its conflicts system to a new platform (the “2002 System”). On information and belief, the new platform incorporated historical searches and clients. However, Declarant has not been able to obtain an explanation of how the historical reporting was incorporated into the 2002 System.
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compensation or reimbursement of expenses for this former representation. Maune Raichle
Hartley French & Mudd, LLC, SWMW Law, LLC, The Shepard Law Firm, and Shrader &
Associates, L.L.P., represent clients appointed to the Committee; the remaining firms represent
clients who were not appointed to the Committee.
19. To the best of my knowledge after diligent inquiry, neither Robinson+Cole, nor any
of its partners, senior counsel, of counsel, or associates has had or presently has any “connection”
(as such term is used in Bankruptcy Rule 2014(a)) with the Debtor, its creditors, members, or any
other party-in-interest, or its respective attorneys, accountants, the Bankruptcy Administrator, or
any person employed by the United States Bankruptcy Court for the Western District of North
Carolina, except to the extent set forth herein and on Schedule 2. Notwithstanding any
“connection” set forth on Schedule 2 and except as set forth herein, to the best of my knowledge,
any “connection” of Robinson+Cole to the identified entities are limited to matters unrelated to
the Debtors.
20. Robinson+Cole has been involved in a number of unrelated cases with various
professionals involved in this Chapter 11 Case, both in adverse and non-adverse roles.
21. Robinson+Cole may have in the past represented or opposed, may currently
represent or oppose, and may in the future represent or oppose, in matters wholly unrelated to the
Debtor’s pending Chapter 11 Case, entities that are claimants of the Debtor or other parties-in-
interest (or service providers thereto) in this Chapter 11 Case. Robinson+Cole has not and will
not represent any of the entities listed above (or their affiliates) in matters related to the Chapter
11 Case.
22. Based on information provided by those most knowledgeable at Robinson+Cole, I
do not believe that any single matter is a major engagement that would involve either the billing
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of fees in excess of one half of one percent (.5%) of Robinson+Cole’s annual fees billed, or that,
in the aggregate for any affiliated group of entities, exceeds one percent (1%) of Robinson+Cole’s
annual fees billed. Robinson+Cole will not represent any of the foregoing claimants or any party
in interest in any facet of the Debtor’s bankruptcy cases.
23. No promise has been received by Robinson+Cole, or by any partner or associate
thereof, as to compensation in connection with this case other than in accordance with the
provisions of the Bankruptcy Code and the Bankruptcy Rules. Robinson+Cole has no agreement
with any other entity to share with such entity any compensation received by Robinson+Cole.
24. Robinson+Cole will file appropriate supplemental disclosure(s) with the Court to
the extent that additional information concerning any connection is developed.
25. To the best of my knowledge, information, and belief, Robinson+Cole is a
disinterested person, and does not hold or represent an interest adverse to the Debtor’s estate, with
respect to the matters for which Robinson+Cole is to be employed as required by Bankruptcy Code
Section 328(c).
I certify under penalty of perjury under the laws of the United States that, to the best of
my knowledge and after reasonable inquiry, the foregoing is true and correct.
Dated: March 5, 2020 /s/ Natalie D. Ramsey Natalie D. Ramsey (admitted pro hac vice) ROBINSON & COLE, LLP 1201 N. Market Street, Suite 1406 Wilmington, DE 19801 Telephone: (302) 516-1700 Facsimile: (302) 516-1699 [email protected]
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SCHEDULE 1
List of Persons and Entities Against Which Robinson+Cole
Has Searched for “Connections”
Debtor
DBMP LLC Direct Equity Owner of Debtor
CertainTeed Holding Corporation Debtor’s Direct Non-Debtor Subsidiary
Millwork & Panel LLC Managers and Officers of the Debtor D. Lawrence Rayburn Donald J. Melroy Joseph N. Bondi Michael T. Starczewski Robert J. Panaro Sean R. Knapp Vincent F. DiNenna, III Other Non-Debtor Affiliates Bayside Port Corporation, Inc. Bird Incorporated Carborundum Ceramic Holdings, Inc. Carborundum Ventures, Inc. CertainTeed Canada, Inc. CertainTeed Ceilings Corporation CertainTeed Gypsum and Ceiling Mfg., Inc. CertainTeed Gypsum Mfg, Inc. CertainTeed Gypsum NC, Inc. CertainTeed Gypsum West Virginia, Inc. CertainTeed Gypsum, Inc. CertainTeed Holding Corporation CertainTeed LLC CertainTeed Gypsum and Ceilings USA, Inc. Compagnie de Saint-Gobain CT Solar Fund I LLC CTKC Corporation Fluorocarbon Components, Inc. Grindwell Norton Ltd. GS II, Inc.
HCS Corporation Level Solar Fund IV LLC MAG-ISOVER K.K. New West Gypsum Recycling, Inc. Norton Foreign Affiliates Holding Corporation OFI GP Inc. OFI L.P. Ottawa Fibre GP Inc Ottawa Fibre L.P. P.T. Saint-Gobain Abrasives Indonesia Phoenix Coating Resources, Inc. Redcliff Fibre L.P. Sage Electrochromics, Inc. Saint-Gobain (SEA) PTE, Ltd Saint-Gobain Abrasives, Inc. Saint-Gobain Abrasives. Ltd. Saint-Gobain Abrasivos S.A. de C.V. Saint-Gobain Adfors America, Inc. Saint-Gobain Advanced Ceramics, LLC
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Saint-Gobain Building Distribution Ltd. Saint-Gobain Canada, Inc. Saint-Gobain Ceramic Materials Pvt. Ltd. Saint-Gobain Ceramics & Plastics, Inc. Saint-Gobain Corporation Saint-Gobain Corporation Foundation Saint-Gobain Delaware Corporation Saint-Gobain Finance Corporation Saint-Gobain Glass Corporation Saint-Gobain HyComp LLC Saint-Gobain India Foundation Saint-Gobain India Pvt. Ltd. Saint-Gobain Insurance Ltd. Saint-Gobain Interior Building Distribution Company Saint-Gobain KK Saint-Gobain Materiaux de Construction S.A.S. Saint-Gobain Merit, S.De R.L. De C.V. Saint-Gobain Performance Plastics (Hangzhou) Co., Ltd. Saint-Gobain Performance Plastics Corporation Saint-Gobain Receivables Corporation Saint-Gobain Research India Pvt. Ltd. Saint-Gobain Shared Services Corporation Saint-Gobain Solar Gard Australia Pty. Ltd. Saint-Gobain Solar Gard, LLC Saint-Gobain TM KK
Sepco Corporation Societe de Participations Financieres et Industrielles The Grid Company GP, Inc. The Grid Company Limited Partnership The Grid Company, LLC Tillsonburg Fibre L.P. Vertec SAS Vetrotech Saint-Gobain North America, Inc. VIB L.P. Western Mining and Minerals, Inc. Zenpure Americas, Inc. Zenpure Corporation Z-Tech, LLC
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Major Current Business Affiliations of Debtor’s Managers
Millwork & Panel LLC Pennsylvania Association of Notaries Royersford Outreach (d/b/a Open Door Ministries) Tampa Chapter of the American Constitution Society Vinyl Siding Institute Depository and Disbursement Banks
Bank of America, N.A. J.P. Morgan Chase Parties to Material Contracts, Unexpired Leases and License Agreements with the Debtor
CertainTeed LLC CT Corp. PACE Claim Services PrincetonClaims Services Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Significant Co-Defendants in Asbestos-Related Litigation 3M Company A.O. Smith Corporation Carborundum Company CBS Corporation Crane Company Foster Wheeler Energy Corporation General Electric Company Honeywell International Inc. Industrial Holdings Inc. Ingersoll Rand Company JM Manufacturing Company Inc. Metropolitan Life Insurance Company Union Carbide Corporation Westinghouse Electric Corporation Debtor’s Retained Professionals and Claims Agent
Bates White LLC Epiq Corporate Restructuring, LLC Jones Day Robinson, Bradshaw & Hinson, P.A. Schiff Hardin LLP
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Debtor’s Significant Ordinary Course Professionals, Consultants and Service Providers
Caruso Smith Edell Picini P.C. Cetrulo LLP Darger Errante Yavitz & Blau LLP DeHay & Elliston LLP Dentons LLP Deutsch Kerrigan LLP Foley & Lardner LLP Gordon Thomas Honeywell LLP Harvey Kruse Hawkins & Parnell Heyl Royster Kalinoski & Chaplinsky Maron & Marvel Miles & Stockbridge Paine Tarwater Bickers & Tillman LLP Polsinelli LLP Swartz Campbell LLC Vorys Sater Seymour & Pease LLP Wilbraham Lawler & Buba Wilson Elser Moskowitz Edelman & Dicker LLP Known Professionals for Certain Non-Debtor Parties in Interest
Goodwin Procter LLP Rayburn Cooper & Durham Major Suppliers of Goods and Services
CertainTeed LLC Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Law Firms on the Debtor’s List of the Top 24 Law Firms with the Most Significant Representations of Asbestos Claimants [Dkt. 1] Creditors Listed on the Debtor’s Master Creditors List [Dkt. No. 52] Members of the Official Committee of Asbestos Personal Injury Claimants and Their Counsel
Theresa V. Germont, c/o Cohen, Placitella & Roth, P.C. Robin S. Wierenga, c/o Cooney & Conway Earl F. Powell, c/o Goldberg Persky White, P.C. Patsy Diehl (as the Special Administrator for the Estate of Carl Diehl), c/o The Gori Law Firm Cindy Burch, c/o Kazan, McClain, Satterly & Greenwood PLC Kurt Henningsen, c/o Law Offices of Peter G. Angelos, P.C. Jimmy Reich, c/o Maune Raichle Hartley French & Mudd, LLC
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James Hunt, c/o Shepard Law Francisco Galaviz, c/o Shrader & Associates, L.L.P. Michael Nuzzolese, c/o Weitz & Luxenberg, P.C. Wendy Roberts, spouse of Colin Roberts, deceased, c/o SWMW Law, LLC Additional Counsel to the ACC
Robinson & Cole LLP Major Sureties
Travelers Casualty and Surety Company of America Bankruptcy Administrator’s Office for the Western District of North Carolina
Shelley K. Abel Alexandria Kenny Anne Whitley David Shepherd Katrina Adams Sarah Scholz Bankruptcy Judges for the Western District of North Carolina
Judge George Hodges (Charlotte) Judge J. Craig Whitley (Charlotte) Judge Laura T. Beyer (Charlotte) Ad Hoc Committee of Certainteed Creditors
Yolanda Fernandez-Arreola Michael Nuzzolese Earl F. Powell Robin Wierenga
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SCHEDULE 2
Results of Robinson+Cole’s Search for “Connections” Against the List Provided in Exhibit A
Person/Entity Identified Connection
Aschraft & Gerel, LLP Aschraft & Gerel has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Bank of America Bank of America was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors. Robinson+Cole represents Bank of America in matters unrelated to this case.
Baron & Budd, P.C. Baron & Budd has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Baron & Budd are members of one or more trust advisory committees (“TACs”) that have engaged Robinson+Cole as counsel.
Belluck & Fox, LLP Belluck & Fox has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Belluck & Fox are members of one or more TACs that have engaged Robinson+Cole as counsel.
Bergman, Draper, Oslund, Udo The Bergman firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Bergman firm are members of one or more TACs that have engaged Robinson+Cole as counsel. In addition, Robinson+Cole represents or has represented the Cooney & Conway firm and/or one or more of its clients in one or more unrelated matters.
Brayton Purcell LLP Brayton Purcell has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Brayton Purcell firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Brent Coon & Associates One or more attorneys of the Brent Coon firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
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Person/Entity Identified Connection Cohen, Placitella & Roth, P.C. The Cohen Placitella firm represents a member of the Official
Committee of Asbestos Personal Injury Claimants (“Committee”).
Cooney & Conway Cooney & Conway represents a member of the Committee. Cooney & Conway has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Cooney & Conway are members of one or more TACs that have engaged Robinson+Cole as counsel. In addition, Robinson+Cole represents or has represented the Cooney & Conway firm and/or one or more of its clients in one or more unrelated matters.
Dean Omar Branham Shirley LLP
Robinson+Cole represents or has represented the Dean Omar Branham firm and/or one or more of its clients in one or more unrelated matters.
Early, Lucarelli, Sweeney & Meisenkothen
The Early Lucarelli firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Early Lucarelli firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
The Ferraro Law Firm/Kelley & Ferraro, LLP
The Ferraro Law Firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Ferraro Law Firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
The Flint Law Firm Robinson+Cole represents or has represented the Flint Law firm and/or one or more of its clients in one or more unrelated matters.
General Electric Company General Electric Company was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors. Robinson+Cole represents General Electric Company in matters unrelated to this case.
Goldberg, Persky & White, P.C.
The Goldberg Persky firm represents a member of the Committee. The Goldberg Persky firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Goldberg Persky firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
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Person/Entity Identified Connection The Gori Law Firm The Gori Law Firm represents a member of the Committee. The
Gori Law Firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Gori Law Firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
J.P. Morgan Chase J.P. Morgan Chase was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors.
Kazan, McClain, Satterly & Greenwood PLC
The Kazan firm represents a member of the Committee. The Kazan firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Kazan firm are members of one or more TACs that have engaged Robinson+Cole as counsel. In addition, Robinson+Cole represents or has represented the Kazan firm and/or one or more of its clients in one or more unrelated matters.
The Lanier Law Firm PLLC The Lanier firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Lanier firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Law Office of Peter G. Angelos, P.C.
The Angelos firm represents a member of the Committee. The Angelos firm has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Angelos firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Levy Konigsberg LLP Levy Konigsberg has represented or currently represents one or more members of creditor committees that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Levy Konigsberg are members of one or more TACs that have engaged Robinson+Cole as counsel.
Lipsitz Ponterio LLC Lipsitz Ponterio has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Lipsitz Ponterio are members of one or more TACs that have engaged Robinson+Cole as counsel.
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Person/Entity Identified Connection MetLife Robinson+Cole represents or represented MetLife in an unrelated
matter.
Motley Rice LLC Motley Rice has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Motley Rice are members of one or more TACs that have engaged Robinson+Cole as counsel.
MRHFM Law Firm The MRHFM Law Firm represents a member of the Committee. The MRHFM Law Firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
The Nemeroff Law Firm Robinson+Cole represents or has represented The Nemeroff Law Firm and/or one or more of its clients in one or more unrelated matters.
The O’Brien Law Firm, P.C. The O’Brien Law Firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Ruckdeschel Law Firm LLC Ruckdeschel has represented or currently represents one or more members of one or more TACs that have engaged Robinson+Cole as counsel.
The Shepard Law Firm The Shepard Law Firm represents a member of the Committee. Shepard Law has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Shrader & Associates LLP The Shrader firm represents a member of the Committee. The Shrader firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
Simmons Hanly Conroy LLC The Simmons firm has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Simmons firm are members of one or more TACs that have engaged Robinson+Cole as counsel.
Simon Greenstone Panatier, PC
Simon Greenstone has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
SWMW Law, LLC SWMW Law represents a member of the Committee. SWMW Law has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases.
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Person/Entity Identified Connection Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company of America was or is an asserted party in interest in one or more bankruptcies in which Robinson+Cole served or serves as counsel for the committee of creditors. Robinson+Cole represents Travelers in matters unrelated to this bankruptcy case.
Waters Kraus & Paul, LLP Waters Kraus has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Waters Kraus are members of one or more TACs that have engaged Robinson+Cole as counsel.
Weitz & Luxenberg, P.C. Weitz & Luxenberg represents a member of the Committee. Weitz & Luxenberg has represented or currently represents one or more members of committees of creditors that engaged Robinson+Cole as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Weitz & Luxenberg are members of one or more TACs that have engaged Robinson+Cole as counsel.
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SCHEDULE 3
Nonexclusive List of Certain Robinson+Cole Professionals and Their Current Hourly Rates
Name Position Billing Rate in Effect as of
the Petition Date
Natalie D. Ramsey Partner $960.00
Davis Lee Wright Partner $730.00
Mark A. Fink Partner $765.00
Patrick M. Birney Partner $625.00
Jamie L. Edmonson Partner $840.00
Joseph L. Clasen Partner $850.00
Brian J. Wheelin Partner $630.00
Ian Clarke-Fisher Partner $600.00
Matthew J. Guanci, Jr. Partner $680.00
Taylor A. Shea Of Counsel $510.00
Katherine M. Fix Associate $570.00
Sandra Marin Lautier Associate $350.00
Janet Kljyan Associate $320.00
Ian Densmore Paralegal $275.00
Liana Shaw Paralegal $380.00
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Exhibit C
McMillan Declaration
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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
In re DBMP LLC,1 Debtor.
: : : : : : :
Chapter 11 Case No. 20-30080 (JCW) (Jointly Administered)
DECLARATION OF ANN C. McMILLAN IN SUPPORT OF THE APPLICATION
OF THE OFFICIAL COMMITTEE OF ASBESTOS PERSONAL INJURY CLAIMANTS FOR AN ORDER AUTHORIZING IT TO RETAIN AND EMPLOY
ROBINSON & COLE, LLP AND CAPLIN & DRYSDALE, CHARTERED AS COUNSEL, EFFECTIVE AS OF FEBRUARY 14, 2020
Ann C. McMillan, pursuant to 28 U.S.C. § 1746, declares as follows:
1. I am a member of Caplin & Drysdale, Chartered (“Caplin & Drysdale”), and
authorized to make this declaration on its behalf. I am a member in good standing of the bar of
the District of Columbia. Caplin & Drysdale maintains its offices at 600 Lexington Avenue, 21st
Floor, New York, New York 10022, and One Thomas Circle, N.W., Suite 1100, Washington, D.C.
20005. Other attorneys at Caplin & Drysdale are duly admitted to practice law in the District of
Columbia, New York, or both.
2. By the Application of the Official Committee of Asbestos Claimants for an Order
Authorizing it to Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered as
Counsel, Effective as of February 14, 2020 (the “Application”), the Official Committee of
Asbestos Personal Injury Claimants appointed in the above-titled case (the “Committee”) seeks
court approval, pursuant to §§ 105, 328, and 1103 of the Bankruptcy Code, Rule 2014 of the
Federal Rules of Bankruptcy Procedure, and W.D.N.C. Bankr. Local Rules 2014-1 and 2016-1, to
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355.
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employ and retain Caplin & Drysdale as the co-counsel to the Committee in connection with the
Debtor’s chapter 11 case (the “Chapter 11 Case”). I submit this declaration in support of the
Application.
QUALIFICATIONS OF PROFESSIONALS
3. The professionals at Caplin & Drysdale have substantial experience in bankruptcy
cases, including bankruptcies involving mass tort liability, insolvency, corporate reorganization,
debtor-creditor, and commercial law, and have participated in numerous proceedings before
numerous bankruptcy courts. Caplin & Drysdale represents or has represented official committees
of asbestos claimants in bankruptcies in this Court and in other jurisdictions including New Jersey,
Pennsylvania, California, New York, Ohio, and Pennsylvania.
4. Among the chapter 11 cases in which Caplin & Drysdale represents or has
represented statutory committees of asbestos creditors are those of Johns-Manville Corporation;
ACandS, Inc.; Armstrong World Industries, Inc.; Babcock & Wilcox Company; Burns & Roe
Enterprises, Inc.; Combustion Engineering, Inc.; Congoleum Corporation; Durabla Manufacturing
Company and Durabla Canada Ltd.; Duro Dyne Corporation; The Fairbanks Company; Federal-
Mogul Global, Inc.; The Flintkote Company and Flintkote Mines, Ltd.; Garlock Sealing
Technologies LLC; Geo. V. Hamilton, Inc.; G-I Holdings Inc.; Global Industrial Technologies,
Inc.; Kaiser Aluminum Corporation; Kaiser-Gypsum Corporation; Metex Mfg. Corporation (f/k/a
Kentile Floors, Inc.); Motors Liquidation Company (f/k/a General Motors Corporation); North
American Refractories Company; Owens Corning Corporation; Paddock Enterprises, LLC;
Pittsburgh Corning Corporation; Plant Insulation Company; Quigley Company, Inc.; Rapid-
American Corporation; Raytech Corporation; Thorpe Insulation Company; Sepco Corporation;
United States Gypsum Corporation; Western MacArthur Company (a/k/a Western Asbestos);
W.R. Grace & Co.; and Yarway Corporation.
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5. Caplin & Drysdale also currently represents certain advisory committees of
asbestos settlement trusts created for the benefit of asbestos claimants pursuant to the plans of
reorganization confirmed in several bankruptcies. These include the ACandS Asbestos Settlement
Trust Advisory Committee; the PI Trust Advisory Committee of the Armstrong World Industries,
Inc. Asbestos Personal Injury Settlement Trust; the ASARCO Asbestos Personal Injury Settlement
Trust Advisory Committee; the Babcock & Wilcox Company Asbestos PI Trust Advisory
Committee; the Burns and Roe Asbestos PI Settlement Trust Advisory Committee; the Celotex
Asbestos Settlement Trust Advisory Committee; the Congoleum Plan Trust Advisory Committee;
the DII Industries, LLC Asbestos PI Trust Advisory Committee; the Durabla Manufacturing
Company and Durabla Canada Ltd. Asbestos Trust Advisory Committee; the Federal-Mogul
Asbestos Personal Injury Trust Advisory Committee; the Flintkote Asbestos Trust Advisory
Committee; the Geo. V. Hamilton, Inc. Asbestos Trust Advisory Committee; the G-I Holdings Inc.
Asbestos Personal Injury Settlement Trust Advisory Committee; the GST Settlement Facility
Claimant Advisory Committee; the Kaiser Aluminum & Chemical Corporation Asbestos PI Trust
Advisory Committee; the Trust Advisory Committee of the Keene Creditors Trust; the Selected
Counsel for the Beneficiaries of the Manville Personal Injury Settlement Trust; the Metex Asbestos
PI Trust Advisory Committee; the Motors Liquidation Company Asbestos PI Trust Advisory
Committee; the North American Refractories Company Asbestos Trust Advisory Committee; the
Owens Corning/Fibreboard PI Trust Advisory Committee; the Pittsburgh Corning Corporation
Trust Advisory Committee; the Quigley Company, Inc. Asbestos PI Trust Advisory Committee;
the United States Gypsum PI Trust Advisory Committee; the United States Mineral Products
Company Personal Injury Asbestos Trust Advisory Committee; the WRG Asbestos PI Trust
Advisory Committee; and the Yarway Trust Advisory Committee.
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SERVICES TO BE RENDERED
6. It is anticipated that this representation will include, but should not be limited to,
the following areas:
a. assisting and advising the Committee in evaluating the Debtor’s chapter 11 filing;
b. assisting and advising the Committee in its discussions with the Debtor, the future claims representative, and other parties-in-interest regarding the overall administration of this Chapter 11 Case;
c. assisting and advising the Committee in its examination and analysis of the conduct of the Debtor’s affairs;
d. analyzing, advising and representing the Committee with regard to any causes of action belonging to the Debtor’s estate, including, without limitation, reviewing and investigating pre-petition transactions in which the Debtor and/or its insiders were involved;
e. assisting, advising, and representing the Committee in analyzing and investigating the acts, conduct, assets, liabilities, corporate structure, and financial condition of the Debtor, including, without limitation, the Debtor’s financial disclosures and related matters, the Debtor’s operations, and any other matters relevant to this case;
f. reviewing and analyzing pleadings, orders, schedules, and other documents filed and to be filed with this Court by interested parties in this case; advising the Committee as to the necessity, propriety, and impact of the foregoing upon this case; and responding, including consenting or objecting, to pleadings or orders on behalf of the Committee, as appropriate;
g. assisting the Committee in preparing such applications, motions, memoranda, proposed orders, and other pleadings as may be required in support of positions taken by the Committee, including all trial preparation as may be necessary;
h. representing the Committee at hearings to be held before this Court and communicating with the Committee regarding the matters heard and the issues raised as well as the decisions and considerations of this Court, including without limitation, any estimation hearing and related hearings;
i. conferring with the professionals retained by the Debtor, the future claims representative, and other parties-in-interest, as well as with such other professionals as may be selected and employed by the Committee;
j. coordinating the receipt and dissemination of information prepared by and received from the Debtor’s professionals, as well as such information as may
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be received from professionals engaged by the future claims representative, the Committee, or other parties-in-interest in this case;
k. participating in such examinations of the Debtor and other witnesses as may be necessary in connection with this Chapter 11 Case;
l. negotiating and formulating any plan of reorganization and section 524(g) personal injury trust for the Debtor that may be proposed in this case; and
m. assisting the Committee generally in performing such other services as may be desirable or required for the discharge of the Committee’s duties pursuant to section 1103 of the Bankruptcy Code.
7. Subject to this Court’s approval of the Application, Caplin & Drysdale is willing to
serve as the Committee’s co-counsel and to perform the services described above.
8. Caplin & Drysdale is committed to minimizing duplication of services in order to,
among other things, manage professional costs. To that end, Caplin & Drysdale is prepared to
work closely with its proposed co-counsel and any other professionals engaged by the Committee
to ensure that there is no unnecessary duplication of effort or cost.
CONNECTIONS AND DISINTERESTEDNESS OF PROFESSIONALS
9. To ascertain Caplin & Drysdale’s “connections,” as that term is used in Federal
Rule of Bankruptcy Procedure 2014, with the Debtor and other parties-in-interest, certain of my
colleagues and I reviewed the list of interested parties and professionals that is annexed hereto as
Exhibit A. Additionally, Caplin & Drysdale’s records were searched electronically, using the
names of the persons identified on Exhibit A hereto. Exhibit B, annexed hereto, contains a listing
of connections found from this search and review. In verifying the connections disclosed in
Exhibit B hereto and in the statements that follow, I have relied upon the professionals at Caplin
& Drysdale and the investigation they have undertaken to compile the information upon which
such disclosures are based.
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10. Following the Petition Date, Caplin & Drysdale was retained by Michael
Nuzzolese, Yolanda Fernandez-Arreola (individually and as successor-in-interest to Luis Felipe
Fernandez), Earl F. Powell, and Robin Wierenga (in her capacity as Special Administrator of the
Estate of Bruce Wierenga)—each the holder of an asbestos claim against the Debtor, to represent
them in the bankruptcy and related proceedings until such time as the Committee was formed.
That representation terminated upon the Committee’s formation. Caplin & Drysdale did not and
will not request or receive any compensation or reimbursement of expenses for this former
representation.
11. Other than as set forth above or in Exhibit B hereto, to the best of my knowledge
and information after due inquiry, neither Caplin & Drysdale nor any of its attorneys has any
connection with the Debtor, its creditors, members, or any other party-in-interest, or their respective
attorneys, accountants, the Bankruptcy Administrator, or the Judges for the United States
Bankruptcy Court for the Western District of North Carolina, in any matters related to the Debtor
or its estate. Caplin & Drysdale will supplement this declaration if it becomes aware of any other
relationships that require disclosure in this case.
12. Neither I, Caplin & Drysdale, nor any of its attorneys, insofar as I have been able
to ascertain after the computerized search described above:
(a) is a creditor, equity security holder, or insider of the Debtor;
(b) is or was, within two years before the filing of the petition, a director,
officer, or employee of the Debtor; or
(c) has an interest materially adverse to the interest of the estate or of any class
of creditors or equity security holders, by reason of any direct or indirect relationship to,
connection with, or interest in the Debtor or any other reason.
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13. Based on the above, to the best of my knowledge and information after due inquiry,
Caplin & Drysdale is a “disinterested person” within the meaning of Bankruptcy Code § 101(14)
and pursuant to Bankruptcy Code § 328(c).
14. The proposed employment of Caplin & Drysdale is not prohibited by or improper
under Rule 5002 of the Federal Rules of Bankruptcy Procedure. Caplin & Drysdale and its
professionals are qualified to represent the Committee in the matters for which the firm is proposed
to be employed.
PROFESSIONAL COMPENSATION
15. Subject to this Court’s approval, Caplin & Drysdale will charge for its legal services
on an hourly basis in accordance with its ordinary and customary hourly rates in effect on the date
services are rendered. Caplin & Drysdale will maintain detailed, contemporaneous records of time
and any actual and necessary expenses incurred in connection with the rendering of our legal
services in this case by category and nature of the services rendered. The 2020 hourly rates of the
Caplin & Drysdale attorneys and professionals who are expected to serve the Committee are as
follows2:
Table 1.
Professional Position 2020 Hourly Rate
Ann C. McMillan Member $880
Kevin C. Maclay Member $845
Leslie M. Kelleher Member $830
Jeffrey A. Liesemer Member $795
James P. Wehner Member $795
Todd E. Phillips Member $695
Jeanna M. Rickards Koski Of Counsel $575
Kevin M. Davis Of Counsel $560
Nathaniel R. Miller Associate $395
2 Hourly rates are adjustable on an annual basis.
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Professional Position 2020 Hourly Rate
Katelin E. Cox Associate $380
George M. O’Connor Associate $355
Cecilia Guerrero Paralegal $340
Brigette Wolverton Paralegal $295
16. The foregoing list of Caplin & Drysdale professionals is not exclusive, and other
professionals at Caplin & Drysdale may perform services for the Committee. Generally, as of
January 1, 2020, Caplin & Drysdale’s hourly rates are within the following ranges:
Table 2.
Professional 2020 Hourly Rate
Members and Senior Counsel $540 - $1,470
Of Counsel $515 - $1,120
Associates $325 - $535
Paralegals $295 - $340
17. In addition to the hourly rates, it is Caplin & Drysdale’s policy to charge its clients
in all areas of practice for the expenses incurred in connection with the client’s case. The expenses
charged to clients include, among other things, telephone and telecopier (outgoing only) toll and
other charges, mail and express mail charges, special or hand delivery charges, photocopying
charges, printing and scanning charges, charges for mailing supplies (including, without limitation,
envelopes and labels) provided by Caplin & Drysdale to outside copying services for use in mass
mailings, travel expenses, after-hours taxi/Uber/Lyft expenses, expenses for working meals or
overtime/after-hours meals, computerized research charges, and transcription costs, as well as non-
ordinary overhead expenses such as secretarial and other overtime. Caplin & Drysdale will charge
the Debtor’s estate for expenses incurred by Caplin & Drysdale on behalf of the Committee in a
manner and at rates consistent with charges made generally to Caplin & Drysdale’s other clients
and in a manner consistent with the local bankruptcy rules and orders of this Court.
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18. Caplin & Drysdale intends to apply to the Court for payment of its fees and
reimbursement of expenses in accordance with the applicable provisions of the Bankruptcy Code,
the Federal Rules of Bankruptcy Procedure, and the local rules and orders of this Court, and
pursuant to any additional procedures that may be established by the Court in this case.
19. No promises have been received by Caplin & Drysdale or any member of the firm
as to compensation in connection with this case. Caplin & Drysdale has no agreement with any
other entity to share with such entity any compensation received by Caplin & Drysdale in
connection with this case.
I declare under penalty of perjury that the facts and statements set forth above are either (i)
within my personal knowledge and are true and correct, or (ii) based upon information supplied to
me by others, including certain professionals at Caplin & Drysdale, and as such are true and correct
to the best of my knowledge, information, and belief.
EXECUTED this 5th day of March, 2020. /s/ Ann C. McMillan Ann C. McMillan
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EXHIBIT A
List of Persons and Entities Against Which Caplin & Drysdale, Chtd.,
Has Searched for “Connections”
Debtor
DBMP LLC Direct Equity Owner of Debtor
CertainTeed Holding Corporation Debtor’s Direct Non-Debtor Subsidiary
Millwork & Panel LLC Managers and Officers of the Debtor D. Lawrence Rayburn Donald J. Melroy Joseph N. Bondi Michael T. Starczewski
Robert J. Panaro Sean R. Knapp Vincent F. DiNenna, III
Other Non-Debtor Affiliates Bayside Port Corporation, Inc. Bird Incorporated Carborundum Ceramic Holdings, Inc. Carborundum Ventures, Inc. CertainTeed Canada, Inc. CertainTeed Ceilings Corporation CertainTeed Gypsum and Ceiling Mfg., Inc. CertainTeed Gypsum Mfg, Inc. CertainTeed Gypsum NC, Inc. CertainTeed Gypsum West Virginia, Inc. CertainTeed Gypsum, Inc. CertainTeed Holding Corporation CertainTeed LLC CertainTeed Gypsum and Ceilings USA, Inc. Compagnie de Saint-Gobain CT Solar Fund I LLC CTKC Corporation Fluorocarbon Components, Inc. Grindwell Norton Ltd. GS II, Inc. HCS Corporation Level Solar Fund IV LLC MAG-ISOVER K.K. New West Gypsum Recycling, Inc.
Norton Foreign Affiliates Holding Corporation OFI GP Inc. OFI L.P. Ottawa Fibre GP Inc Ottawa Fibre L.P. P.T. Saint-Gobain Abrasives Indonesia Phoenix Coating Resources, Inc. Redcliff Fibre L.P. Sage Electrochromics, Inc. Saint-Gobain (SEA) PTE, Ltd Saint-Gobain Abrasives, Inc. Saint-Gobain Abrasives. Ltd. Saint-Gobain Abrasivos S.A. de C.V. Saint-Gobain Adfors America, Inc. Saint-Gobain Advanced Ceramics, LLC Saint-Gobain Building Distribution Ltd. Saint-Gobain Canada, Inc. Saint-Gobain Ceramic Materials Pvt. Ltd. Saint-Gobain Ceramics & Plastics, Inc. Saint-Gobain Corporation Saint-Gobain Corporation Foundation Saint-Gobain Delaware Corporation Saint-Gobain Finance Corporation
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Saint-Gobain Glass Corporation Saint-Gobain HyComp LLC Saint-Gobain India Foundation Saint-Gobain India Pvt. Ltd. Saint-Gobain Insurance Ltd. Saint-Gobain Interior Building Distribution Company Saint-Gobain KK Saint-Gobain Materiaux de Construction S.A.S. Saint-Gobain Merit, S.De R.L. De C.V. Saint-Gobain Performance Plastics (Hangzhou) Co., Ltd. Saint-Gobain Performance Plastics Corporation Saint-Gobain Receivables Corporation Saint-Gobain Research India Pvt. Ltd. Saint-Gobain Shared Services Corporation
Saint-Gobain Solar Gard Australia Pty. Ltd. Saint-Gobain Solar Gard, LLC Saint-Gobain TM KK Sepco Corporation Societe de Participations Financieres et Industrielles The Grid Company GP, Inc. The Grid Company Limited Partnership The Grid Company, LLC Tillsonburg Fibre L.P. Vertec SAS Vetrotech Saint-Gobain North America, Inc. VIB L.P. Western Mining and Minerals, Inc. Zenpure Americas, Inc. Zenpure Corporation Z-Tech, LLC
Major Current Business Affiliations of Debtor’s Managers
Millwork & Panel LLC Pennsylvania Association of Notaries Royersford Outreach (d/b/a Open Door Ministries) Tampa Chapter of the American Constitution Society Vinyl Siding Institute Depository and Disbursement Banks
Bank of America, N.A. J.P. Morgan Chase Parties to Material Contracts, Unexpired Leases and License Agreements with the Debtor
CertainTeed LLC CT Corp. PACE Claim Services PrincetonClaims Services Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Significant Co-Defendants in Asbestos-Related Litigation 3M Company A.O. Smith Corporation Carborundum Company CBS Corporation Crane Company Foster Wheeler Energy Corporation
General Electric Company Honeywell International Inc. Industrial Holdings Inc. Ingersoll Rand Company JM Manufacturing Company Inc. Metropolitan Life Insurance Company
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Union Carbide Corporation Westinghouse Electric Corporation Debtor’s Retained Professionals and Claims Agent
Bates White LLC Epiq Corporate Restructuring, LLC Jones Day Robinson, Bradshaw & Hinson, P.A. Schiff Hardin LLP Debtor’s Significant Ordinary Course Professionals, Consultants and Service Providers
Caruso Smith Edell Picini P.C. Cetrulo LLP Darger Errante Yavitz & Blau LLP DeHay & Elliston LLP Dentons LLP Deutsch Kerrigan LLP Foley & Lardner LLP Gordon Thomas Honeywell LLP Harvey Kruse Hawkins & Parnell Heyl Royster
Kalinoski & Chaplinsky Maron & Marvel Miles & Stockbridge Paine Tarwater Bickers & Tillman LLP Polsinelli LLP Swartz Campbell LLC Vorys Sater Seymour & Pease LLP Wilbraham Lawler & Buba Wilson Elser Moskowitz Edelman & Dicker LLP
Known Professionals for Certain Non-Debtor Parties in Interest
Goodwin Procter LLP Rayburn Cooper & Durham Major Suppliers of Goods and Services
CertainTeed LLC Saint-Gobain Corporation Saint-Gobain Shared Services Corporation Law Firms on the Debtor’s List of the Top 24 Law Firms with the Most Significant Representations of Asbestos Claimants [Dkt. 1] Creditors Listed on the Debtor’s Master Creditors List [Dkt. No. 52] Members of the Official Committee of Asbestos Personal Injury Claimants and Their Counsel
Theresa V. Germont, c/o Cohen, Placitella & Roth, P.C. Robin S. Wierenga, c/o Cooney & Conway Earl F. Powell, c/o Goldberg Persky White, P.C. Patsy Diehl (as the Special Administrator for the Estate of Carl Diehl), c/o The Gori Law Firm Cindy Burch, c/o Kazan, McClain, Satterly & Greenwood PLC Kurt Henningsen, c/o Law Offices of Peter G. Angelos, P.C.
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Jimmy Reich, c/o Maune Raichle Hartley French & Mudd, LLC James Hunt, c/o Shepard Law Francisco Galaviz, c/o Shrader & Associates, L.L.P. Michael Nuzzolese, c/o Weitz & Luxenberg, P.C. Wendy Roberts, spouse of Colin Roberts, deceased, c/o SWMW Law, LLC Additional Counsel to the ACC
Robinson & Cole LLP Major Sureties
Travelers Casualty and Surety Company of America Bankruptcy Administrator’s Office for the Western District of North Carolina
Shelley K. Abel Alexandria Kenny Anne Whitley David Shepherd Katrina Adams Sarah Scholz Bankruptcy Judges for the Western District of North Carolina
Judge George Hodges (Charlotte) Judge J. Craig Whitley (Charlotte) Judge Laura T. Beyer (Charlotte) Ad Hoc Committee of Certainteed Creditors
Yolanda Fernandez-Arreola Michael Nuzzolese Earl F. Powell Robin Wierenga
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EXHIBIT B
Results of Caplin & Drysdale’s Search for “Connections” Against the List Provided in Exhibit A
Person/Entity Identified Connection Antion McGee Law Group, PLLC
Caplin & Drysdale represents or represented the Antion McGee firm or its clients in an unrelated matter.
Bank of America Bank of America was or is an asserted party in interest in one or more bankruptcies in which Caplin & Drysdale served or serves as counsel for the committee of creditors.
Baron & Budd, P.C. Baron & Budd has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Baron & Budd are members of one or more trust advisory committees (“TACs”) that have engaged Caplin & Drysdale as counsel. Caplin & Drysdale represents or has represented Baron & Budd and/or one or more of its clients in one or more unrelated matters.
Bates White LLC Bates White has served or is serving as a professional to debtors or other parties in interest in other bankruptcies in which Caplin & Drysdale has served or is serving as committee counsel.
Belluck & Fox, LLP Belluck & Fox has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Belluck & Fox are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Bergman, Draper, Oslund, Udo The Bergman firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Bergman firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. Caplin & Drysdale is co-counsel with the Bergman firm in one or more unrelated matters.
Bevan & Associates LPA, Inc. The Bevan firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Bevan firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
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Person/Entity Identified Connection Brayton Purcell LLP Brayton Purcell has represented or currently represents one or
more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Brayton Purcell firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Brent Coon & Associates Brent Coon & Associates has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Cohen, Placitella & Roth, P.C. The Cohen Placitella firm represents a member of the Official Committee of Asbestos Personal Injury Claimants (“Committee”).
Cooney & Conway Cooney & Conway represents a member of the Committee. Cooney & Conway has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Cooney & Conway are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Cooney & Conway firm and/or one or more of its clients in one or more unrelated matters.
Dentons LLP Caplin & Drysdale is co-counsel with Dentons in one or more unrelated matters.
Early, Lucarelli, Sweeney & Meisenkothen
The Early Lucarelli firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Early Lucarelli firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Early Lucarelli firm and/or one or more of its clients in one or more unrelated matters.
Epiq Corporate Restructuring LLC
Epiq Corporate Restructuring LLC served or is serving as a professional in other bankruptcies in which Caplin & Drysdale was or is counsel to one or more creditors or a committee of creditors.
Yolanda Fernandez-Arreola Yolanda Fernandez-Arreola was a member of the ad hoc committee of creditors who engaged Caplin & Drysdale to represent their interests in the DBMP bankruptcy until such time as a committee was appointed (the “Ad Hoc Committee of Certainteed Creditors”).
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Person/Entity Identified Connection The Ferraro Law Firm/Kelley & Ferraro, LLP
The Ferraro Law Firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Ferraro Law Firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Goldberg, Persky & White, P.C.
The Goldberg Persky firm represents a member of the Committee. The Goldberg Persky firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Goldberg Persky firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Goldberg Persky firm and/or one or more of its clients in one or more unrelated matters. Caplin & Drysdale is co-counsel with the Goldberg Persky firm in one or more unrelated matters.
The Gori Law Firm The Gori Law Firm represents a member of the Committee. The Gori Law Firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Gori Law Firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Gori Law Firm and/or one or more of its clients in one or more unrelated matters.
Honeywell International, Inc. Caplin & Drysdale represents or has represented one or more clients adverse to Honeywell in unrelated matters.
Jacobs & Crumplar, PA The Jacobs firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Jones Day Jones Day served or is serving as a professional in other bankruptcies in which Caplin & Drysdale was or is counsel to the committee of creditors. Caplin & Drysdale is or was co-counsel with Jones Day in one or more unrelated matters.
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Person/Entity Identified Connection Kazan, McClain, Satterly & Greenwood PLC
The Kazan firm represents a member of the Committee. The Kazan firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Kazan firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Kazan firm and/or one or more of its clients in one or more unrelated matters.
The Lanier Law Firm PLLC The Lanier firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Lanier firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Law Office of Peter G. Angelos, P.C.
The Angelos firm represents a member of the Committee. The Angelos firm has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Angelos firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Law Office of Peter T. Nicholl The Law Office of Peter T. Nicholl has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Levy Konigsberg LLP Levy Konigsberg has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Levy Konigsberg are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Martzell & Bickford Martzell & Bickford has represented or currently represents one or more members of creditor committees that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
MetLife Caplin & Drysdale represents or represented MetLife in an unrelated matter.
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Person/Entity Identified Connection Motley Rice LLC Motley Rice has represented or currently represents one or more
members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Motley Rice are members of one or more TACs that have engaged Caplin & Drysdale as counsel. Caplin & Drysdale represents or has represented Motley Rice and/or one or more of its clients in one or more unrelated matters.
MRHFM Law Firm The MRHFM Law Firm represents a member of the Committee. The MRHFM Law Firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
The Nemeroff Law Firm Caplin & Drysdale represents or has represented The Nemeroff Law Firm and/or one or more of its clients in one or more unrelated matters.
Michael Nuzzolese Michael Nuzzolese was a member of the Ad Hoc Committee of Certainteed Creditors.
The O’Brien Law Firm, P.C. The O’Brien Law Firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Patten, Wornom, Hatten & Diamonstein, L.C.
The Patten Wornom firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Earl F. Powell Earl F. Powell was a member of the Ad Hoc Committee of Certainteed Creditors.
Provost Umphrey Law Firm LLP
The Provost Umphrey firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of The Provost Umphrey firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Reaud Morgan Quinn, Inc. Reaud Morgan Quinn has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Reaud Morgan Quinn are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
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Person/Entity Identified Connection Rose Klein & Marias, LLP Rose Klein & Marias has represented or currently represents one
or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Rose Klein & Marias are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Saint-Gobain Saint-Gobain is an affiliate of a debtor in an unrelated bankruptcy in which Caplin & Drysdale represents the committee of creditors.
Savinis, Kane, & Gallucci, L.L.C.
The Savinis firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Caplin & Drysdale represents or has represented the Savinis firm and/or one or more of its clients in one or more unrelated matters. Caplin & Drysdale is co-counsel with the Savinis firm in one or more unrelated matters.
Sepco Corporation Caplin & Drysdale represents the committee of creditors in the bankruptcy of Sepco Corporation.
The Shepard Law Firm The Shepard Law Firm represents a member of the Committee.
Shrader & Associates LLP The Shrader firm represents a member of the Committee. The Shrader firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Silber Pearlman LLP Silber Pearlman has represented one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Simmons Hanly Conroy LLC The Simmons firm has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of the Simmons firm are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented the Simmons firm and/or one or more of its clients in one or more unrelated matters.
SWMW Law, LLC SWMW Law represents a member of the Committee. SWMW Law has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases.
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company of America was or is an asserted party in interest in one or more bankruptcies in which Caplin & Drysdale served or serves as counsel for the committee of creditors.
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Person/Entity Identified Connection Waters Kraus & Paul, LLP Waters Kraus has represented or currently represents one or more
members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Waters Kraus are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
Weitz & Luxenberg, P.C. Weitz & Luxenberg represents a member of the Committee. Weitz & Luxenberg has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Weitz & Luxenberg are members of one or more TACs that have engaged Caplin & Drysdale as counsel. In addition, Caplin & Drysdale represents or has represented Weitz & Luxenberg and/or one or more of its clients in one or more unrelated matters.
Judge J. Craig Whitley Caplin & Drysdale represents a creditors committee in a pending bankruptcy before Judge Whitley.
Robin Wierenga Robin Wierenga was a member of the Ad Hoc Committee of Certainteed Creditors.
Wilentz Goldman Spitzer, P.A. Wilentz Goldman Spitzer, P.A. has represented or currently represents one or more members of committees of creditors that engaged Caplin & Drysdale as committee counsel in other bankruptcy cases. Furthermore, one or more attorneys of Wilentz Goldman Spitzer, P.A. are members of one or more TACs that have engaged Caplin & Drysdale as counsel.
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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION In re: DBMP LLC,1
Debtor.
Chapter 11
Case No. 20-30080 (JCW)
NOTICE OF HEARING
PLEASE TAKE NOTICE that The Official Committee of Asbestos Personal Injury
Claimants appointed on February 13, 2020 (the “Appointment Date”), in the above-captioned chapter 11 case of DBMP, LLC (the “Debtor”), has filed an Application of The Official Committee of Asbestos Personal Injury Claimants for an Order Authorizing it to Retain and Employ Robinson & Cole, LLP and Caplin & Drysdale, Chartered as Counsel, Effective as of February 14, 2020 (the "Application").
PLEASE TAKE FURTHER NOTICE that your rights may be affected by this Application. You should read the Application carefully and discuss it with your attorney. If you do not have an attorney, you may wish to consult with one.
PLEASE TAKE FURTHER NOTICE that, pursuant to Fed. R. Bankr. P. 8006, written
responses, if any, must be filed on or before March 23, 2020 (the “Response Deadline”), in order to be considered. If you do not want the Court to grant the relief requested in the Motion, or if you oppose it in any way, you MUST:
1. 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 28234-4189
2. Serve a copy of your response on all parties in interest, including:
a) U.S. Bankruptcy Administrator 402 West Trade Street Charlotte, NC 28202
1 The last four digits of the Debtor’s taxpayer identification number are 8817. The Debtor’s address is 20 Moores Road, Malvern, Pennsylvania 19355.
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b) HAMILTON STEPHENS STEELE + MARTIN, PLLC Glenn C. Thompson 525 North Tryon Street, Suite 1400 Charlotte, North Carolina 28202 c) ROBINSON & COLE LLP
Natalie D. Ramsey Davis Lee Wright 1000 N. West Street, Suite 1200 Wilmington, Delaware 19801
d) CAPLIN & DRYSDALE, CHARTERED Ann C. McMillan
One Thomas Circle NW, Suite 1100 Washington, DC 20005-5802
PLEASE TAKE FURTHER NOTICE that a hearing on the Motion will be held on March
26, 2020 at 9:30 a.m., before the Honorable Judge J. Craig Whitley in the Bankruptcy Courtroom 1-4, 401 West Trade Street, Charlotte, North Carolina.
PLEASE TAKE FURTHER NOTICE that if you or your attorney do not take these steps,
the Court may decide that you do not oppose the relief sought in the Application and may enter an Order granting the relief requested. No further notice of the hearing will be given. Dated: Charlotte, North Carolina March 5, 2020
HAMILTON STEPHENS STEELE + MARTIN, PLLC
/s/ Glenn C. Thompson
Glenn C. Thompson (Bar No. 37221) 525 North Tryon Street, Suite 1400 Charlotte, North Carolina 28202 Telephone: (704) 344-1117 Facsimile: (704) 344-1483 [email protected]
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