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Case 19-10289-LSS Doc 214 Filed 03/18/19 Page 1 of 19

IN THE UNITED STATES BANKRUPTCY COURT


FOR THE DISTRICT OF DELAWARE

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In re: : Chapter 11
:
1
IMERYS TALC AMERICA, INC., et al., : Case No. 19-10289 (LSS)
:
Debtors. : (Jointly Administered)
:
:
:
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:
IMERYS TALC AMERICA, INC., IMERYS : Adv. Pro. No. 19-50115 (LSS)
TALC VERMONT, INC. AND IMERYS TALC :
CANADA INC., :
:
:
Plaintiffs, :
:
v.
:
CYPRUS AMAX MINERALS COMPANY and :
CYPRUS MINES CORPORATION, :
:
:
Defendants. :
:
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NOTICE OF AGENDA OF MATTERS SCHEDULED


FOR HEARING ON MARCH 20, 2019 AT 2:00 P.M. (EDT)2

I. CONTINUED MATTERS:

1. Application for Entry of an Order Authorizing the Proposed Future Claimants’


Representative to Retain and Employ Young Conaway Stargatt & Taylor, LLP as

1
The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification
number, are: Imerys Talc America, Inc. (6358), Imerys Talc Vermont, Inc. (9050), and Imerys Talc Canada Inc.
(6748). The Debtors’ address is 100 Mansell Court East, Suite 300, Roswell, Georgia 30076.
2
The hearing will be held before The Honorable Laurie Selber Silverstein at the United States Bankruptcy
Court for the District of Delaware, 824 North Market Street, 6th Floor, Courtroom 2, Wilmington, Delaware 19801.
Any person who wishes to appear telephonically at the March 20, 2019 hearing must contact COURTCALL, LLC at
866-582-6878 prior to the hearing to register his/her telephonic appearance in accordance with the Instructions for
Telephonic Appearances Effective January 5, 2005, Revised May 11, 2018.

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His Attorneys, Nunc Pro Tunc to the Petition Date [Docket No. 101 – filed
February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the Official
Committee of Tort Claimants (the
“Committee); extended for the Office of the
United States Trustee (the “U.S. Trustee”)
to a date to be determined

Objection / Responses Received: None.

Related Documents: None.

Status: The hearing on this matter has been continued to a date to be determined.
The scheduling of the hearing on this application shall be consistent with
the scheduling of the substantive hearing on the Debtors’ Motion for
Order Appointing James L. Patton, Jr., as Legal Representative for Future
Talc Personal Injury Claimants, Nunc Pro Tunc to the Petition Date
[Docket No. 100] (the “FCR Application”).

2. Application for Order Authorizing the Proposed Future Claimants’ Representative


to Retain and Employ Ankura Consulting Group, LLC as Consultants, Nunc Pro
Tunc to the Petition Date [Docket No. 102 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee; extended for the U.S. Trustee to
a date to be determined

Objection / Responses Received: None.

Related Documents: None.

Status: The hearing on this matter has been continued to a date to be determined.
The scheduling of the hearing on this application shall be consistent with
the scheduling of the substantive hearing on the FCR Application.

II. UNCONTESTED MATTERS GOING FORWARD:

3. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 363(b), 503(b), 541,
1107(a), and 1108 and Fed. R. Bankr. P. 6003 (I) Authorizing Debtors to Pay
Certain Prepetition Claims of Shippers, Lien Claimants, Royalty Interest Owners,
and 503(b)(9) Claimants, (II) Confirming Administrative Expense Priority of
Undisputed and Outstanding Prepetition Orders, and (III) Granting Related Relief
[Docket No. 4 - filed February 13, 2019]

2
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Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 363(b), 503(b), 541, 1107(a),


and 1108 and Fed. R. Bankr. P. 6003 (I) Authorizing Debtors to Pay
Certain Prepetition Claims of Shippers, Lien Claimants, Royalty Interest
Owners, and 503(b)(9) Claimants, (II) Confirming Administrative
Expense Priority of Undisputed and Outstanding Prepetition Orders, and
(III) Granting Related Relief [Docket No. 48 – entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 363(b),
503(b), 541, 1107(a), and 1108 and Fed. R. Bankr. P. 6003 (I) Authorizing
Debtors to Pay Certain Prepetition Claims of Shippers, Lien Claimants,
Royalty Interest Owners, and 503(b)(9) Claimants, (II) Confirming
Administrative Expense Priority of Undisputed and Outstanding
Prepetition Orders, and (III) Granting Related Relief and (B) Final
Hearing Thereon [Docket No. 71 - filed February 19, 2019]

Status: The hearing on this matter is going forward.

4. Debtors’ Motion for Order (I) Authorizing the Filing of (A) a Consolidated
Master List of Creditors, (B) a Consolidated List of the Top Thirty Law Firms
Representing Talc Claimants, and (C) a Consolidated List of Creditors Holding
the Thirty Largest Unsecured Claims, and (II) Approving Certain Notice
Procedures for Talc Claimants [Docket No. 5 - filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents:

i. Interim Order (I) Authorizing the Filing of (A) a Consolidated Master List
of Creditors, (B) a Consolidated List of the Top Thirty Law Firms
Representing Talc Claimants, and (C) a Consolidated List of Creditors
Holding the Thirty Largest Unsecured Claims, and (II) Approving Certain
Notice Procedures for Talc Claimants [Docket No. 61 – entered February
14, 2019]

3
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ii. Notice of (A) Entry of Interim Order (I) Authorizing the Filing of (A) a
Consolidated Master List of Creditors, (B) a Consolidated List of the Top
Thirty Law Firms Representing Talc Claimants, and (C) a Consolidated
List of Creditors Holding the Thirty Largest Unsecured Claims, and (II)
Approving Certain Notice Procedures for Talc Claimants and (B) Final
Hearing Thereon [Docket No. 69 - filed February 19, 2019]

iii. Notice of (A) Entry of Interim Order (I) Authorizing the Filing of (A) a
Consolidated Master List of Creditors, (B) a Consolidated List of the Top
Thirty Law Firms Representing Talc Claimants, and (C) a Consolidated
List of Creditors Holding the Thirty Largest Unsecured Claims, and (II)
Approving Certain Notice Procedures for Talc Claimants and (B) Final
Hearing Thereon [Docket No. 70 - filed February 19, 2019]

Status: The hearing on this matter is going forward.

5. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 363(b), 503(b)(9),


1107(a), and 1108 and Fed. R. Bankr. P. 6003 (I) Authorizing Payment of
Prepetition Claims of Critical Vendors; (II) Authorizing Financial Institutions to
Honor and Process Related Checks and Transfers; and (III) Granting Related
Relief [Docket No. 7 - filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 363(b), 503(b)(9), 1107(a), and


1108 and Fed. R. Bankr. P. 6003 (I) Authorizing Payment of Prepetition
Claims of Critical Vendors; (II) Authorizing Financial Institutions to
Honor and Process Related Checks and Transfers; and (III) Granting
Related Relief [Docket No. 51 – entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 363(b),
503(b)(9), 1107(a), and 1108 and Fed. R. Bankr. P. 6003 (I) Authorizing
Payment of Prepetition Claims of Critical Vendors; (II) Authorizing
Financial Institutions to Honor and Process Related Checks and Transfers;
and (III) Granting Related Relief and (B) Final Hearing Thereon [Docket
No. 65 - filed February 19, 2019]

Status: The hearing on this matter is going forward.

4
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6. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 363(b), 506(a), 507(a)(8),
and 541 and Fed. R. Bankr. P. 6003 Authorizing Payment of Prepetition Taxes
and Fees [Docket No. 8 - filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 363(b), 506(a), 507(a)(8), and


541 and Fed. R. Bankr. P. 6003 Authorizing Payment of Prepetition Taxes
and Fees [Docket No. 53 – entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 363(b),
506(a), 507(a)(8), and 541 and Fed. R. Bankr. P. 6003 Authorizing
Payment of Prepetition Taxes and Fees and (B) Final Hearing Thereon
[Docket No. 72 - filed February 19, 2019]

Status: The hearing on this matter is going forward.

7. Debtors’ Motion for Entry of Orders Under 11 U.S.C. §§ 105(a), 362(d), 363(b),
363(c), 506(a), 507(a), 541, 553, 1107(a), and 1108 and Fed. R. Bankr. P. 6003 (I)
Authorizing Payment of Certain Prepetition Workforce Obligations, Including
Compensation, Expense Reimbursements, Benefits, and Related Obligations, (II)
Confirming Right to Continue Workforce Programs on Postpetition Basis, (III)
Authorizing Payment of Withholding and Payroll-Related Taxes, (IV)
Authorizing Payment of Prepetition Claims Owing to Administrators of, or Third
Party Providers Under, Workforce Programs, and (V) Authorizing Banks to
Honor Prepetition Checks and Fund Transfers for Authorized Payments [Docket
No. 9 - filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Interim Order (I) Authorizing Payment of Certain Prepetition Workforce


Obligations, Including Compensation, Expense Reimbursements, Benefits,
and Related Obligations, (II) Confirming Right to Continue Workforce
Programs on Postpetition Basis, (III) Authorizing Payment of Withholding
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and Payroll-Related Taxes, (IV) Authorizing Payment of Prepetition


Claims Owing to Administrators of, or Third Party Providers Under,
Workforce Programs, and (V) Authorizing Banks to Honor Prepetition
Checks and Fund Transfers for Authorized Payments [Docket No. 54 –
entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order (I) Authorizing Payment of Certain
Prepetition Workforce Obligations, Including Compensation, Expense
Reimbursements, Benefits, and Related Obligations, (II) Confirming Right
to Continue Workforce Programs on Postpetition Basis, (III) Authorizing
Payment of Withholding and Payroll-Related Taxes, (IV) Authorizing
Payment of Prepetition Claims Owing to Administrators of, or Third Party
Providers Under, Workforce Programs, and (V) Authorizing Banks to
Honor Prepetition Checks and Fund Transfers for Authorized Payments
and (B) Final Hearing Thereon [Docket No. 74 - filed February 19, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

8. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 345, 363, 503(b), and
507(a), Fed. R. Bankr. P. 6003 and 6004, and Del. Bankr. L.R. 2015-2
(I) Authorizing Continued Use of Existing Cash Management System, Including
Maintenance of Existing Bank Accounts, Checks, and Business Forms, (II)
Authorizing Continuation of Existing Deposit Practices, (III) Approving the
Continuation of Intercompany Transactions, and (IV) Granting Superpriority
Administrative Expense Status to Certain Postpetition Intercompany Claims
[Docket No. 11 - filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 345, 363, 503(b), and 507(a),
Fed. R. Bankr. P. 6003 and 6004, and Del. Bankr. L.R. 2015-2 (I)
Authorizing Continued Use of Existing Cash Management System,
Including Maintenance of Existing Bank Accounts, Checks, and Business
Forms, (II) Authorizing Continuation of Existing Deposit Practices, (III)
Approving the Continuation of Intercompany Transactions; and (IV)
Granting Superpriority Administrative Expense Status to Certain
Postpetition Intercompany Claims [Docket No. 55 – entered February 14,
2019]

6
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ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 345,
363, 503(b), and 507(a), Fed. R. Bankr. P. 6003 and 6004, and Del. Bankr.
L.R. 2015-2 (I) Authorizing Continued Use of Existing Cash Management
System, Including Maintenance of Existing Bank Accounts, Checks, and
Business Forms, (II) Authorizing Continuation of Existing Deposit
Practices, (III) Approving the Continuation of Intercompany Transactions;
and (IV) Granting Superpriority Administrative Expense Status to Certain
Postpetition Intercompany Claims and (B) Final Hearing Thereon [Docket
No. 64 - filed February 15, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

9. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 363(b), 363(c), 506(a),
and 553 and Fed. R. Bankr. P. 6003 and 6004 Authorizing (I) the Debtors to
Honor Prepetition Obligations to Customers and to Otherwise Continue Customer
Programs and (II) Financial Institutions to Honor and Process Related Checks and
Transfers [Docket No. 12 - filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 363(b), 363(c), 506(a), and 553
and Fed. R. Bankr. P. 6003 and 6004 Authorizing (I) the Debtors to Honor
Prepetition Obligations to Customers and to Otherwise Continue Customer
Programs and (II) Financial Institutions to Honor and Process Related
Checks and Transfers [Docket No. 56 – entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 363(b),
363(c), 506(a), and 553 and Fed. R. Bankr. P. 6003 and 6004 Authorizing
(I) the Debtors to Honor Prepetition Obligations to Customers and to
Otherwise Continue Customer Programs and (II) Financial Institutions to
Honor and Process Related Checks and Transfers and (B) Final Hearing
Thereon [Docket No. 66 - filed February 19, 2019]

Status: The hearing on this matter is going forward.

10. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a) and 366 (I) Prohibiting
Utility Companies from Altering or Discontinuing Service on Account of
Prepetition Invoices, (II) Approving Deposit as Adequate Assurance of Payment,
and (III) Establishing Procedures for Resolving Requests by Utility Companies
for Additional Assurance of Payment [Docket No. 13 - filed February 13, 2019]

7
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Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received:

A. Informal comment from Shell Energy North America (US), L.P.


(“SENA”)

B. Informal comment from Emera Energy L.P. (“Emera”)

C. Informal comment from Vistra/TXU (“Vistra”)

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a) and 366 (I) Prohibiting Utility
Companies from Altering or Discontinuing Service on Account of
Prepetition Invoices, (II) Approving Deposit as Adequate Assurance of
Payment, and (III) Establishing Procedures for Resolving Requests by
Utility Companies for Additional Assurance of Payment [Docket No. 57 –
entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a) and 366
(I) Prohibiting Utility Companies from Altering or Discontinuing Service
on Account of Prepetition Invoices, (II) Approving Deposit as Adequate
Assurance of Payment, and (III) Establishing Procedures for Resolving
Requests by Utility Companies for Additional Assurance of Payment and
(B) Final Hearing Thereon [Docket No. 73 - filed February 19, 2019]

Status: The Debtors have resolved the informal comments of SENA, Emera and
Vistra. The hearing on this matter is going forward.

11. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 363(b), 1107(a), and Fed.
R. Bankr. P. 6003 (I) Authorizing Payment of Prepetition Claims of Foreign
Vendors; (II) Authorizing Financial Institutions to Honor and Process Related
Checks and Transfers; and (III) Granting Related Relief [Docket No. 15 - filed
February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 363(b), and 1107(a), and Fed.
R. Bankr. P. 6003 (I) Authorizing Payment of Prepetition Claims of
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Foreign Vendors; (II) Authorizing Financial Institutions to Honor and


Process Related Checks and Transfers; and (III) Granting Related Relief
[Docket No. 59 – entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 363(b),
and 1107(a), and Fed. R. Bankr. P. 6003 (I) Authorizing Payment of
Prepetition Claims of Foreign Vendors; (II) Authorizing Financial
Institutions to Honor and Process Related Checks and Transfers; and (III)
Granting Related Relief and (B) Final Hearing Thereon [Docket No. 67 -
filed February 19, 2019]

Status: The hearing on this matter is going forward.

12. Debtors’ Application for Order Under 11 U.S.C. §§ 327(a) and 329, Fed. R.
Bankr. P. 2014 and 2016, and Del. Bankr. L.R. 2014-1 and 2016-1 Authorizing
Employment and Retention of Latham & Watkins LLP as Bankruptcy Co-
Counsel Nunc Pro Tunc to the Petition Date [Docket No. 89 – filed February 27,
2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 14, 2019 for the U.S.
Trustee; extended to March 18, 2019 for the
Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Supplemental Declaration of Jeffrey E. Bjork in Support of Debtors'


Application for Order Under 11 U.S.C. §§ 327(a) and 329, Fed. R. Bankr.
P. 2014 and 2016, and Del. Bankr. L.R. 2014-1 and 2016-1 Authorizing
Employment and Retention of Latham & Watkins LLP as Bankruptcy Co-
Counsel Nunc Pro Tunc to the Petition Date [Docket No. 186 – filed
March 14, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

13. Application of Debtors to Employ and Retain Richards, Layton & Finger, P.A. as
Co-Counsel to the Debtors, Nunc Pro Tunc to the Petition Date [Docket No. 90 –
filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

9
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Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Supplemental Declaration of Alexandra Picard in Support of the


Application of Debtors to Employ and Retain Richards, Layton & Finger,
P.A. as Co-Counsel to the Debtors, Nunc Pro Tunc to the Petition Date
[Docket No. 199 - filed March 15, 2019]

ii. Supplemental Declaration of Mark D. Collins in Support of the


Application of Debtors to Employ and Retain Richards, Layton & Finger,
P.A. as Co-Counsel to the Debtors, Nunc Pro Tunc to the Petition Date
[Docket No. 200 - filed March 15, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

14. Debtors’ Application for Order Under 11 U.S.C. §§ 327(a), 328(a), and 330, Fed.
R. Bankr. P. 2014 and 2016, and Del. Bankr. L.R. 2014-1, 2016-1, and 2016-
2 Authorizing the Employment and Retention of Alvarez & Marsal North
America, LLC as Financial Advisor to the Debtors Nunc Pro Tunc to the Petition
Date [Docket No. 91 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 14, 2019 for the U.S.
Trustee; extended to March 18, 2019 for the
Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Supplemental Declaration of Ed Mosley in Support of Debtors'


Application for Order Under 11 U.S.C. §§ 327(a), 328(a), and 330, Fed. R.
Bankr. P. 2014 and 2016, and Del. Bankr. L.R. 2014-1, 2016-1, and 2016-
2 Authorizing the Employment and Retention of Alvarez & Marsal North
America, LLC as Financial Advisor to the Debtors Nunc Pro Tunc to the
Petition [Docket No. 188 – filed March 14, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

15. Debtors’ Motion for Order Extending Time for Filing Schedules and Statements
[Docket No. 92 – filed February 27, 2019]
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Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents: None.

Status: The hearing on this matter is going forward.

16. Debtors’ Motion for Order Under 28 U.S.C. § 1452 and Fed. R. Bankr. P. 9006(b)
and 9027 Extending the Deadline by Which the Debtors May Remove Civil
Actions [Docket No. 93 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents: None.

Status: The hearing on this matter is going forward.

17. Debtors’ Motion for Order Under 11 U.S.C. §§ 105(a) and 331, Fed. R. Bankr. P.
2016(a), and Del. Bankr. L.R. 2016-2 Establishing Procedures for Interim
Compensation and Reimbursement of Professionals [Docket No. 94 – filed
February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents: None.

Status: The hearing on this matter is going forward.

18. Debtors’ Motion for Order Under 11 U.S.C. §§ 105(a), 327, 330, and 331
Authorizing Employment and Payment of Professionals Utilized in Ordinary
Course of Business [Docket No. 95 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received:


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A. Informal Comments from the U.S. Trustee

Related Documents: None.

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

19. Debtors’ Application for an Order Authorizing Employment and Retention of


Prime Clerk LLC as Administrative Advisor Nunc Pro Tunc to the Petition Date
[Docket No. 96 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee

Objection / Responses Received: None.

Related Documents: None.

Status: The hearing on this matter is going forward.

20. Debtors’ Application for Order Under 11 U.S.C. §§ 327(a) and 329, Fed. R.
Bankr. P. 2014 and 2016, and Del. Bankr. L.R. 2014-1 and 2016-1 Authorizing
Employment and Retention of Stikeman Elliott LLP as Canadian Counsel Nunc
Pro Tunc to the Petition Date [Docket No. 97 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 15, 2019 at 4:00 p.m. for
the U.S. Trustee; extended to March 18,
2019 for the Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Supplemental Declaration of Maria Konyukhova in Support of Debtors'


Application for Order Under 11 U.S.C. §§ 327(a) and 329, Fed. R. Bankr.
P. 2014 and 2016, and Del. Bankr. L.R. 2014-1 and 2016-1 Authorizing
the Employment and Retention of Stikeman Elliott LLP as Canadian
Counsel Nunc Pro Tunc to the Petition Date [Docket No. 204 - filed
March 15, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

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21. Debtors’ Application for Order Under 11 U.S.C. §§ 327(a) and 328(a), Fed. R.
Bankr. P. 2014, and Del. Bankr. L.R. 2014-1, 2016-1, and 2016-2 Authorizing the
Employment and Retention of KCIC, LLC as Insurance and Valuation Consultant
Nunc Pro Tunc to the Petition Date [Docket No. 98 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 14, 2019 at 4:00 p.m. for
the U.S. Trustee; extended to March 18,
2019 for the Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Supplemental Declaration of Elizabeth Hanke in Support of Debtors’


Application for Order Under 11 U.S.C. §§ 327(a) and 328(a), Fed. R.
Bankr. P. 2014, and Del. Bankr. L.R. 2014-1, 2016-1, and 2016-2
Authorizing the Employment and Retention of KCIC, LLC as Insurance
and Valuation Consultant Nunc Pro Tunc to the Petition Date [Docket No.
193 - filed March 14, 2019]

Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

22. Debtors’ Application for Order Authorizing the Employment and Retention of
Neal, Gerber & Eisenberg LLP as Special Insurance Coverage and
Indemnification Counsel Nunc Pro Tunc to the Petition Date [Docket No. 99 –
filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 14, 2019 at 4:00 p.m. for
the U.S. Trustee; extended to March 18,
2019 for the Committee

Objection / Responses Received:

A. Informal Comments from the U.S. Trustee

Related Documents:

i. Supplemental Declaration of Angela R. Elbert in Support of Debtors'


Application for Order Authorizing the Employment and Retention of Neal,
Gerber & Eisenberg LLP as Special Insurance Coverage and
Indemnification Counsel Nunc Pro Tunc to the Petition Date [Docket No.
187 – filed March 14, 2019]

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Status: The Debtors have resolved the informal comments of the U.S. Trustee.
The hearing on this matter is going forward.

III. CONTESTED MATTERS GOING FORWARD:

23. Debtors’ Motion for Orders Under 11 U.S.C. §§ 105(a), 362(d), 363(b), and
503(b) Authorizing Debtors to (I) Pay Their Prepetition Insurance Obligations,
(II) Pay Their Prepetition Bonding Obligations, (III) Maintain Their Postpetition
Insurance Coverage, and (IV) Maintain Their Bonding Program [Docket No. 3 -
filed February 13, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee; extended for Cyprus Amax
Minerals Company and Cyprus Mines
Corporation (“Cyprus”) to March 15, 2019
at 5:00 p.m. (EDT)

Objection / Responses Received:

A. Certain Excess Insurers’ Limited Objection to (1) Debtors Proposed Final


Order (DKT. 68-1) and (2) Debtors’ Motion for Orders Under 11 U.S.C.
§§ 105(a), 362(d), 363(b), and 503(b) Authorizing Debtors to (I) Pay Their
Prepetition Insurance Obligations, (II) Pay Their Prepetition Bonding
Obligations, (III) Maintain Their Postpetition Insurance Coverage, and
(IV) Maintain Their Bonding Program (DKT. 68-1) [Docket No. 183 –
filed March 13, 2019]

Related Documents:

i. Interim Order Under 11 U.S.C. §§ 105(a), 362(d), 363(b), and 503(b)


Authorizing Debtors to (I) Pay Their Prepetition Insurance Obligations,
(II) Pay Their Prepetition Bonding Obligations, (III) Maintain Their
Postpetition Insurance Coverage, and (IV) Maintain Their Bonding
Program [Docket No. 49 – entered February 14, 2019]

ii. Notice of (A) Entry of Interim Order Under 11 U.S.C. §§ 105(a), 362(d),
363(b), and 503(b) Authorizing Debtors to (I) Pay Their Prepetition
Insurance Obligations, (II) Pay Their Prepetition Bonding Obligations,
(III) Maintain Their Postpetition Insurance Coverage, and (IV) Maintain
Their Bonding Program and (B) Final Hearing Thereon [Docket No. 68 -
filed February 19, 2019]

Status: The hearing on this matter is going forward.

24. Emergency Motion for (I) Interim and Final Orders Granting Relief from the
Automatic Stay Under Bankruptcy Code § 362(d) to Use Insurance Coverage

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Under Cyprus Historical Policies or, in the Alternative, (II) Adequate Protection
Under Bankruptcy Code §§ 361 and 363(e) [Docket No. 104 - filed February 28,
2019]

Objection/Response Deadline: March 7, 2019 at 1:00 p.m. (EST)

Objection / Responses Received:

A. Objection of the Official Committee of Tort Claimants to Cyprus Mines


Corporation’s and Cyprus Amax Minerals Company’s Emergency Motion
for (I) Interim and Final Orders Granting Relief from the Automatic Stay
Under Bankruptcy Code § 362(d) to Use Insurance Coverage Under
Cyprus Historical Policies or, in the Alternative, (II) Adequate Protection
Under Bankruptcy Code §§ 361 and 363(e) [Docket No. 148 - filed March
7, 2019]

B. Debtors’ Objection to Emergency Motion for (I) Interim and Final Orders
Granting Relief from the Automatic Stay Under Bankruptcy Code §
362(d) to Access Insurance Coverage Under Cyprus Historical Policies or,
in the Alternative, (II) Adequate Protection Under Bankruptcy Code §§
361 and 363(e) [Docket No. 149 - filed March 7, 2019]

C. Objection of Theresa Leavitt to Emergency Motion for (I) Interim and


Final Orders Granting Relief from the Automatic Stay Under Bankruptcy
Code § 362(d) to Use Insurance Coverage Under Cyprus Historical
Policies or, in the Alternative, (II) Adequate Protection Under Bankruptcy
Code §§ 361 and 363(e) [Docket No. 151 - filed March 7, 2019]

D. Joinder of the Proposed Legal Representative for Future Talc Personal


Injury Claimants to the Committee’s Motion to Continue the Hearing and
Opposition to the Emergency Motion of Cyprus Mines Corporation and
Cyprus Amax Minerals [Docket No. 159 – filed March 7, 2019]

E. Objection of Certain Excess Insurers [Docket No. 163 – filed March 7,


2019]

F. Debtors’ Supplemental Objection to Emergency Motion For (I) Interim


and Final Orders Granting Relief from the Automatic Stay Under
Bankruptcy Code § 362(d) to Use Insurance Coverage Under Cyprus
Historical Policies or, in the Alternative, (II) Adequate Protection Under
Bankruptcy Code §§ 361 and 363(e) [Docket No. 203 - filed March 15,
2019]

G. Joinder by Pui Fong, Patricia Schmitz, and James Patterson to Objection


of Theresa Leavitt to Emergency Motion for (I) Interim and Final Orders
Granting Relief from the Automatic Stay under Bankruptcy Code§362(d)
to Use Insurance Coverage Under Cyprus Historical Policies or, in the

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Alternative, (II) Adequate Protection Under Bankruptcy Code §§ 361 and


363(e) [Docket No. 206 – filed March 15, 2019]

H. Reply of Cyprus Mines Corporation and Cyprus Amax Minerals Company


in Further Support of Emergency Motion for (I) a Final Order Granting
Relief from the Automatic Stay Under Bankruptcy Code § 362(d) to Use
Insurance Coverage Under the Cyprus Historical Policies, or, in the
Alternative, (II) Adequate Protection Under Bankruptcy Code §§ 361 and
363(e) [Docket No. 208 – filed March 15, 2019]

I. Notice of Filing of Corrected Exhibit to Reply of Cyprus Mines


Corporation and Cyprus Amax Minerals Company in Further Support of
Emergency Motion for (I) a Final Order Granting Relief from the
Automatic Stay Under Bankruptcy Code § 362(d) to Use Insurance
Coverage Under the Cyprus Historical Policies, or, in the Alternative, (II)
Adequate Protection Under Bankruptcy Code §§ 361 and 363(e) [Docket
No. 211 – filed March 15, 2019]

Related Documents:

i. Declaration of Matthew O. Talmo in Support of Emergency Motion for (I)


Interim and Final Orders Granting Relief from the Automatic Stay Under
Bankruptcy Code § 362(d) to Use Insurance Coverage Under Cyprus
Historical Policies or, in the Alternative, (II) Adequate Protection Under
Bankruptcy Code §§ 361 and 363(e) [Docket No. 105 - filed February 28,
2019]

ii. Order Shortening Notice of Emergency Motion for (I) Interim and Final
Orders Granting Relief from the Automatic Stay Under Bankruptcy Code
§ 362(d) to Use Insurance Coverage Under Cyprus Historical Policies or,
in the Alternative, (II) Adequate Protection Under Bankruptcy Code §§
361 and 363(e) [Docket No. 119 – entered March 4, 2019]

iii. Notice of Hearing Regarding Emergency Motion for (I) Interim and Final
Orders Granting Relief from the Automatic Stay Under Bankruptcy Code
§ 362(d) to Use Insurance Coverage Under Cyprus Historical Policies or,
in the Alternative, (II) Adequate Protection Under Bankruptcy Code §§
361 and 363(e) [Docket No. 120 – filed March 4, 2019]

Status: An initial hearing on this motion was held on March 8, 2019. At the
March 8, 2019 hearing, the Court directed that certain aspects of Cyprus’
motion would be adjourned to this hearing. The hearing on this motion is
going forward consistent with the Court’s ruling at the March 8, 2019
hearing.

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IV. STATUS CONFERENCE:

25. Debtors’ Motion for Order Appointing James L. Patton, Jr., as Legal
Representative for Future Talc Personal Injury Claimants, Nunc Pro Tunc to the
Petition Date [Docket No. 100 – filed February 27, 2019]

Objection/Response Deadline: March 13, 2019 at 4:00 p.m. (EDT);


extended to March 18, 2019 for the
Committee; extended for the U.S. Trustee to
a date to be determined

Objection / Responses Received:

A. Certain Excess Insurers Limited Objection to Debtors’ Motion for Order


Appointment James Patton, as Legal Representative for Future Talc
Personal Injury Claimants [Docket No. 184 – filed March 13, 2019]

Related Documents: None.

Status: A status conference regarding the FCR Application is going forward. The
Debtors and the U.S. Trustee are in discussions regarding the scheduling
of the substantive hearing on the FCR Application.

V. ADVERSARY PROCEEDING SCHEDULING CONFERENCE:

26. Debtors’ Complaint for Injunctive and Declaratory Relief [Adv. Docket No. 1 –
filed March 7, 2019]

Related Documents:

i. Debtors’ Motion for Injunctive Relief [Adv. Docket No. 2 –filed March 7,
2019]

ii. Debtors’ Brief in Support of Their Motion for Injunctive Relief [Adv.
Docket No. 3 – filed March 7, 2019]

iii. Declaration of Alexandra Picard in Support of Debtors’ Complaint for


Injunctive and Declaratory Relief [Adv. Docket No. 4 – filed March 7,
2019]

iv. Summons and Notice of Pretrial Conference in an Adversary Proceeding


[Adv. Docket No. 7 – filed March 7, 2019]

v. Answer and Counterclaim of Cyprus Mines Corporation and Cyprus


Amax Minerals Company to the Debtors’ Complaint for Injunctive and
Declaratory Relief [Adv. Docket No. 9 – filed March 15, 2019]

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Status: A scheduling conference regarding this matter will go forward.

Dated: March 18, 2019 /s/ Michael J. Merchant


Wilmington, Delaware
RICHARDS, LAYTON & FINGER, P.A.

Mark D. Collins (No. 2981)


Michael J. Merchant (No. 3854)
Amanda R. Steele (No. 5530)
Brett M. Haywood (No. 6166)
One Rodney Square
920 North King Street
Wilmington, DE 19801
Telephone: (302) 651-7700
Facsimile: (302) 651-7701
E-mail: collins@rlf.com
merchant@rlf.com
steele@rlf.com
haywood@rlf.com

- and -

LATHAM & WATKINS LLP

Jeffrey E. Bjork (admitted pro hac vice)


Helena G. Tseregounis (admitted pro hac vice)
355 South Grand Avenue, Suite 100
Los Angeles, California 90071-1560
Telephone: (213) 485-1234
Facsimile: (213) 891-8763
E-mail: jeff.bjork@lw.com
helena.tseregounis@lw.com

- and -

Richard A. Levy (admitted pro hac vice)


330 North Wabash Avenue, Suite 2800
Chicago, Illinois 60611
Telephone: (312) 876-7700
Facsimile: (312) 993-9767
E-mail: richard.levy@lw.com

- and -

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George A. Davis (admitted pro hac vice)


Keith A. Simon (admitted pro hac vice)
885 Third Avenue
New York, New York 10022
Telephone: (212) 906-1200
Facsimile: (212) 751-4864
E-mail: george.davis@lw.com
keith.simon@lw.com

Proposed Counsel for Debtors and Debtors-in-


Possession

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