General Motors LLC v. Manville Personal Injury Settlement Trust et al

UNITED STATES BANKRUPTCY COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK
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In re: 	:
:
JOHNS-MANVILLE CORPORATION, et al., 	:
:
Debtors. 	:
:
:
GENERAL MOTORS LLC, 	:
:
Plaintiff, 	:
:
v. 	:
:
MANVILLE PERSONAL INJURY SETTLEMENT 	:
TRUST; and EDWARD D. ROBERTSON, JR., 	:
KIRK P. WATSON, and MARK A PETERSON in 	:
their capacities as trustees, 	:
:
Defendants. 	:
:
Case Nos. 82 B 11656,
82 B 11657, 82 B 11660,
82 B 11661, 82 B 11665 through
82 B 11673 inclusive,
82 B 11675, 82 B 11676 (CGM)
Adversary No. 17-01032-CGM
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ORDER GRANTING DECLARATORY RELIEF AND ENJOINING
PLAINTIFF’S CLAIMS AGAINST DEFENDANTS
Before the Court was the motion by defendants Manville Personal Injury
Settlement Trust (“Manville Trust”), Edward D. Robertson, Jr., Kirk P. Watson, and Mark A.
Peterson, to dismiss the amended complaint filed in this adversary proceeding [ECF No. 11].
For the reasons stated on the record on July 20, 2017, and as stated more fully in
the Court’s Memorandum Decision [ECF No. 27], the Court having found that pursuant to the
Order Confirming Debtors’ Second Amended and Restated Plan of Reorganization in the above-
captioned bankruptcy proceedings, dated December 22, 1986 (the “Confirmation Order”), it
retains jurisdiction to enforce all orders, judgments, injunctions, and rulings entered in
connection with those bankruptcy proceedings, including the channeling injunction contained in
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the Debtors’ Second Amended and Restated Plan of Reorganization and the Confirmation Order
(the “Channeling Injunction”), and upon review of all the papers filed in support of and
opposition to defendants’ motion [ECF Nos. 12, 13, 14, 19, 20, 25, and 26], and upon the
proceedings had herein, it is hereby
ORDERED that General Motors LLC’s claim against the Manville Trust in the
action currently pending in the Court of Common Pleas of Henry County, Ohio under the caption
General Motors LLC v. Bolen et al., No. 16-CV-0089, seeking to recover against the Manville
Trust under OHIO R EV. C ODE ANN . § 4123.931 (the “State Court Action”), is hereby
ENJOINED pursuant to the Channeling Injunction and pursuant to In re Joint E. & S. Districts
Asbestos Litig. (Findley v. Falise), 878 F. Supp. 473, 573 (E.D.N.Y. & S.D.N.Y. 1995)
(“Findley II”), aff’d sub nom. In re Joint E. & S. Dist. Asbestos Litig., 100 F.3d 944 (2d Cir.
1996), and aff’d sub nom. In re Joint E. & S. Dist. Asbestos Litig., 100 F.3d 945 (2d Cir. 1996),
and aff’d in part, vacated in part sub nom. In re Joint E. & S. Dist. Asbestos Litig., 78 F.3d 764
(2d Cir. 1996); and it is further
ORDERED that General Motors LLC’s only recourse against the Manville Trust
for the claim asserted in the State Court Action is to follow the procedures set forth by the
Manville Trust’s Trust Distribution Process.; and it is further
ORDERED that this Court retains jurisdiction to interpret and enforce all orders,
judgments, injunctions, and rulings entered in connection with these bankruptcy proceedings,
including the Confirmation Order and Findley II.
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Dated: July 31, 2017
Poughkeepsie, New York
/s/ Cecelia G. Morris
_______________________
Hon. Cecelia G. Morris
Chief U.S. Bankruptcy Judge
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