The section 1113 hearing in this proceeding shall commence on April 23, 2012. Except as otherwise agreed or as may be directed by the Court, the parties shall be prepared to proceed on the schedule set forth in the stipulation and order, some highlights are set forth below:
Hearing:
a. April 23, 2012: Opening Statements, if any, except that any party other than the Debtor may elect to defer its opening statement until the commencement of the Unions’ responsive case; Debtor’s affirmative case (summary direct testimony, full cross-examination, and re-direct examination of scheduled witnesses for Debtor). Debtor’s affirmative case will continue day to day, subject to the Court’s schedule, until concluded.
b. Two weeks following the conclusion of Debtor’s affirmative case: the Unions’ responsive case (summary direct testimony, full cross-examination, and re-direct examination of all Unions’ scheduled witnesses). The Unions must advise the Debtor of their order of presentation no later than seven (7) days before the start of their responsive case. The Unions’ responsive case will continue day to day, subject to the Court’s schedule, until concluded.
c. Upon conclusion of the Unions’ responsive case: the responsive cases, if any of the PBGC and UCC (in that order); Debtor’s rebuttal case, which shall not be limited to the scope of the Unions’, PBGC’s or UCC’s responsive case, to continue day to day, subject to the Court’s schedule, followed by Closing Statements, if any (all parties); provided, however, that any Union, the PBGC and the UCC will, prior to Closing Statements, be permitted to present evidence in sur-rebuttal with respect to any portion of the Debtor’s rebuttal that was outside the scope of that party’s responsive case. Debtor, as the party bearing the burden of proof, shall be entitled to respond to any presentation made by any party on sur-rebuttal.
Court Filings:
a. Debtor filed and served its Section 1113 Motion on March 27, 2012.
b. The Unions’ and the PBGC’s responses or objections to the Section 1113 Motion (including memoranda of law, declarations, affidavits and exhibits) ( the “Responsive Papers”;) shall be served no later than seven (7) calendar days following the conclusion of the Debtor’s affirmative case. The Unions’ and PBGC’s Responsive Papers, previously served, need not be filed until three (3) calendar days before the start of the Unions’ responsive case. The UCC may file Responsive Papers in this proceeding. The UCC’s Responsive Papers need not be served until three (3) calendar days prior to the start of the Unions’ responsive case, and need not be filed until the business day preceding the commencement of the Unions’ responsive case.
c. Replies, if any, to the Responsive Papers shall be filed and served not later than one (1) calendar day preceding the commencement of the Unions’ responsive case.
d. Post-hearing briefs shall be filed not later than three (3) business days following the completion of the Hearing in this matter.
e. Three (3) business days following the entry of this Order, the Unions, the PBGC and the UCC shall serve upon the Debtor a list containing the names and addresses of all expert witnesses whose testimony will be offered in support of their responsive cases and the anticipated subjects of their testimony.
f. Not later than 4:00 pm Eastern time on the day following the conclusion of the Debtor’s affirmative case, the Unions, the PBGC and the UCC shall serve upon the Debtor the names and addresses of all witnesses whose testimony will be offered in support of their responsive cases.
Lowenstein Sandler PC
Sharon L. Levine
S. Jason Teele