Stipulation and Scheduling Order Signed
Today Judge Lane signed the stipulation and scheduling order for the 1113 motion. The key dates and deadlines identified in the order are as follows:
- April 23 – Hearing begins with opening statements; the unions can defer making their statements until the start of their responsive cases. Following opening statements AA will put on its affirmative case. The company estimates that it will take 4-5 days. However, it recognizes that this estimate largely depends on the length of cross-examination by the three unions, the PBGC and the Unsecured Creditors Committee (UCC) and consequently could take longer than 5 days.
- At the conclusion of the company’s case there will be a two week hiatus to allow the parties to continue their negotiations. Assuming the company’s case is completed by April 27, the Unionsí case would begin on May 14. One week before, or in this example May 7, the Unions would serve its pleadings, declarations and exhibits.
- At the end of the Union’s case the PBGC and the UCC’s responsive cases, if any, would go forward. The company would then have the right to put on a rebuttal case that is not limited to the scope of the Unions’, the PBGC’s or the UCC’s responsive cases. However the Unions, the PBGC and the UCC would have the right to present a sur-rebuttal following the conclusion of the company’s rebuttal.
- Post-hearing briefs would be due 3 business days after the hearing ends.
- Section 1113 gives the court† 30 days from the commencement of the hearing to issue a decision. The Stipulation and Order provide that this period will be tolled or extended by the two week break between the end of the company’s affirmative case and the beginning of the Unions’ responsive case. Accordingly, the court’s deadline for issuing a decision is June 6.
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