UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In re:

Chapter 11

Collins & Aikman Corporation, et al. Debtors.

Case No. 05-55927 (Jointly Administered) Honorable Steven W. Rhodes

_________________________________/ JOHNSON CONTROLS, INC.S AND BRIDGEWATER INTERIORS LLCS EX-PARTE MOTION FOR AN EXPEDITED HEARING ON THEIR JOINT MOTION FOR EXAMINATION OF DEBTOR UNDER FED. R. BANKR. P. 2004 Johnson Controls, Inc. (JCI), a customer and creditor of the Debtors, Collins & Aikman Corporation, et al. (Debtors) and Bridgewater Interiors, LLC (Bridgewater), a customer of the Debtors (together, JCI and Bridgewater are referred to as the JCI Customers) each state:

1.

Prior to the Petition Date, the JCI Customers entered into certain production contracts

(the Contracts) with the Debtors, obligating the Debtors to manufacture parts for the JCI Customers in accordance with releases issued by the JCI Customers. The Contracts are governed by the JCI Customers Standard Terms. 2. In order to allow the Debtors to fulfill the Contracts, the JCI Customers permit the

Debtors to use certain Tools that the JCI Customers owns. 3. Under the Standard Terms, the JCI Customers have the right to: Enter Debtors facility to inspect the facility, Supplies, materials, and any of [the JCI Customerss] property related to the [Contract]. 7 of the Standard Terms;

{00113056}

0W[;&+(

0555927061108000000000004

$X

Upon reasonable notice to [Debtors], either [the JCI Customers] or its direct or indirect customers may conduct a routine audit at [Debtors] production facility for the purpose of quality, cost or delivery verification. 7 of the Standard Terms; and

the JCI Customers will have the right to enter [Debtors] premises to inspect [the JCI Customerss]Property and records regarding [the JCI Customerss] Property. 24

4.

The JCI Customers have sought the right to inspect the Tools, but their contractual right

has been rejected by the Debtors. 5. Under Fed. R. Bankr. P. 2004, the Court may, on a motion from any party in interest,

order the examination of the debtor regarding the acts, conduct or property of the debtor, or any matter which may affect the administration of the debtors estate. 6. The JCI Customers goal is merely the inspection of its own property in the Debtors

premises. Not only do the JCI Customers have the right to inspect the Tools under the Contracts and the Standard Terms but the open-access policy of Fed. R. Bankr. P. 2004 mandates that the JCI Customers be allowed access to inspect its property. 7. The JCI Customers are willing to arrange their inspection so that it avoids any

interference in the Debtors business operations, provided that they receive customary cooperation from the Debtors. 8. The JCI Customers urgently need the right to inspect the Tools (no later than November

15, 2006), as they operate (and their customers operate) on the just-in-time inventory system which requires a constant and steady flow of parts from suppliers to avoid plant shut-downs and damages that easily may exceed several hundred thousand dollars.

{00113056}

9.

On November 8, 2006, the JCI Customers filed and served their Joint Motion for

Examination of the Debtors under Fed. R. Bankr. P. 2004 (the Motion) seeking access to 3 of the Debtors plants to inspect their tooling. 10. The legal issues involved in this Motion are not complex, and the sophisticated parties

involved in this case ought to be able to respond to them quickly. At the same time, the business exigencies requiring the inspection of the Tools become more urgent by the day. 11. To the extent that it applies to the inspection of Tools and access to property (rather

than document review), the JCI Customers have complied with L.B.R. 2004-1 (E.D. Mich.) by requesting access from business representatives of the Debtors. The JCI Customers requests have been denied. 12. Fed. R. Bankr. P. 9006 and L.B.R. 9006-1(E.D. Mich.) each permit an expedited

hearing on the Motion. WHEREFORE the JCI Customers request that this Honorable Court set an expedited hearing on the Motion at a time sufficient to allow the JCI Customers access to Debtors facilities no later than November 15, 2006, and that it grant such other relief as is just and equitable to the JCI Customers. Respectfully Submitted, SCHAFER AND WEINER, PLLC

Dated: November 8, 2006

/S/ Max J. Newman Max J. Newman (P51483) 40950 Woodward Ave., Ste. 100 Bloomfield Hills, MI 8304 (248) 540-3340 mnewman@schaferandweiner.com COUNSEL FOR JCI AND BRIDGEWATER

{00113056}

UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

In re:

Chapter 11

Collins & Aikman Corporation, et al. Debtors.

Case No. 05-55927 (Jointly Administered)

Honorable Steven W. Rhodes _________________________________/ ORDER GRANTING JOHNSON CONTROLS, INC.S AND BRIDGEWATER INTERIORS LLCS EX-PARTE MOTION FOR AN EXPEDITED HEARING ON THEIR JOINT MOTION FOR EXAMINATION OF DEBTOR UNDER FED. R. BANKR. P. 2004 Johnson Controls, Inc.s (JCI)and Bridgewater Interiors, LLCs (Bridgewater) Ex-Parte Motion for An Expedited Hearing on Their Joint Motion for Examination of the Debtor Under Fed. R. Bankr. P. 2004 (the 2004 Motion) having been read and the Court finding that good cause exists for the entry of this Order; IT IS HEREBY ORDERED that the Court shall conduct a hearing on the 2004 Motion before the Honorable ________________________ on _______ day of November, 2006, at ____________ ____.m., at the U.S. Bankruptcy Court, located at 211 W. Fort Street, Detroit, Michigan 48226. IT IS FURTHER ORDERED that JCI and Bridgewater immediately serve a copy of this Order, and the Motion and related papers (to the extent not already served) on all parties required to be served (to the extent that such parties have not already been served electronically).

{00113051}