Secrecy Order in Garlock asbestos bankruptcy estimation trial

7/27/2019 Secrecy Order in Garlock asbestos bankruptcy estimation trial

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868650v.2 7/23/2013

UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

)

In Re: ) Chapter 11

)

GARLOCK SEALING TECHNOLOGIES ) Case No. 10-31607

LLC, et al. ))

Debtors.1 ) Jointly Administered

)

ORDER REGARDING USE OF CONFIDENTIAL

MATERIAL AT THE ESTIMATION HEARING

WHEREAS the Debtors, Coltec Industries, Inc., the Official Committee of Asbestos

Personal Injury Claimants, and the Future Claimants Representative, (together, the Estimation

Parties) have access to certain information and documents subject to restrictions imposed by the

seven separate confidentiality and protective orders2 entered in this proceeding (Confidential

Information);

1 The Debtors in these jointly administered cases are Garlock Sealing Technologies LLC (Garlock) Garrison

Litigation Management Group, Ltd., and The Anchor Packing Company.

2 Stipulated Protective Order, dated Mar. 22, 2011 [Dkt. No. 1225], as amended by Amendment to Stipulated

Protective Order dated Dec. 20, 2012 [Dkt. No. 2704] (together, the Stipulated Protective Order); OrderAuthorizing the Debtors to Issue Questionnaire to Holders of Pending Mesothelioma Claims and Governing theConfidentiality of Information Provided in the Responses, dated June 21, 2011 [Dkt. 1390]; Order Concerning

Ballot Materials, dated Jan. 25, 2012 [Dkt # 1829]; Order Authorizing the Debtors to Issue Supplemental ExposureQuestionnaire and Governing the Confidentiality of Information Provided in the Responses, dated June 29, 2012

_____________________________

George R. Hodges

United States Bankruptcy Judge

Steven T. Salata

Clerk, U.S. Bankruptcy Court

Western District of North Carolina

Jul 23 2013

FILED & JUDGMENT ENTERED


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WHEREAS Confidential Information will likely be used at the estimation hearing in this

case, and procedures regarding such use are necessary to protect that Confidential Information in

connection with its use at the estimation hearing; and,

WHEREAS entry of this order is contemplated by section 6(b) of the Stipulated

Protective Order;

IT IS ORDERED that;

1. Exhibits or demonstratives that constitute, or incorporate, ConfidentialInformation shall be marked Confidential when used at the hearing.

2. Use of documents, including transcripts, data and audio or video recordings,constituting or containing Confidential Information at the hearing shall not affect their status as

Confidential Information or affect the protections afforded that document by the relevant

confidentiality or protective order(s).

3. Exhibits, demonstratives, and documents, including transcripts, data and audio orvideo recordings that constitute, or incorporate, Confidential Information admitted into evidence

or otherwise retained by the Court shall be maintained under seal in the same manner as filings

under seal.

4. Within 30 days after the conclusion of the estimation hearing, the EstimationParties shall meet and confer and provide the Court with an agreed list of exhibits,

demonstratives and documents retained by the Court that indicates which exhibits,

[Dkt. 2337]; Order Authorizing the Debtors to Issue Supplemental Payment Questionnaire and Governing the

Confidentiality of Information Provided in the Responses, dated June 29, 2012 [Dkt. 2338]; Order Granting in Partand Overruling in Part Objections to Subpoena by Delaware Claims Processing, LLC and Associated Trusts,Establishing Claimant Objection Procedures, and Governing the Confidentiality of Information Provided in

Response to the Subpoena, dated Aug. 7, 2012 [Dkt. # 2430]; Order Governing Use and Confidentiality of CertainExhibits to Rule 2019 Statements From Other Bankruptcy Cases, dated Mar. 28, 2013 [Dkt. # 2807].


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demonstratives and documents constitute, or incorporate, Confidential Information and which

confidentiality or protective order is applicable.

5. If, in the course of an argument or of testimony by a witness, an Estimation Partydetermines that Confidential Information must be, or is being, disclosed by the argument or

testimony, that party shall notify the Court and request that the Court order the courtroom to be

cleared of persons not entitled to access to the Confidential Information under the relevant

protective order(s). The reporter shall mark such portions of the transcript as confidential and

access will be restricted to those entitled to access under the applicable protective order(s).

6. The Court may alter the procedures set forth in this order in the interests ofefficiency or justice, but will not remove or reduce any confidentiality protection from any

Confidential Information except after notice and hearing, and in accordance with the relevant

confidentiality or protective order.

7. This Court shall retain jurisdiction with respect to all matters relating to theinterpretation or implementation of this Order.

ThisOrderhasbeensignedelectronically.TheJudge'ssignatureandCourt'ssealappearatthetopofthisOrder.

UnitedStatesBankruptcyCourt

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Secrecy Order in Garlock asbestos bankruptcy estimation trial