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GENERAL54304
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Last modified
8/24/2016 8:39:36 PM
Creation date
11/23/2007 9:21:33 PM
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Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Name
JOINT MOTION 06/04/97 FOR ORDER APPROVING SETTLEMENT AGREEMENT & MUTUAL RELEASE WITH RESPECT TO ADVE
Media Type
D
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and compromise, determines Chat the Settlement Agreement should <br />be approved, SC Se appropriate that the order approving the <br />Settlement Agreement bind all Retirees who benefit thereby. <br />Araumant In Euooort Of Settlement <br />Beeed on the accounting of the reserve funds that was <br />provided by Equitable, the parties. agreed that at least <br />$416,224.64 must be returned from the reserves to Reorganized <br />CFiI for the benefit of Retirees. Various disputes existed <br />concerning whether any additional amounts should properly be <br />included Sn the reserves that Equitable wee required to return <br />pursuant [o the Judgment, including Equf table's right to a <br />designated retention reserve Sn [he amount of $78,000, the <br />appropriate rate of interest Chet Equitable should pay with <br />respect to the reserves St withheld and the eppropri ate time <br />period Chet interest should accrue. Equitable also vigorously <br />disputed Reorganized CF4I'e right to recover attorneys' fees that <br />Reorganized CP6I estimates to be approximately $250,000 over the <br />six 16) years that these fsauee were litigated. Depending on how <br />each of these issues was resolved, Reorganized CFGI estimates <br />Chet Equitable'e obligation could have been ae low ae <br />approximately $500,000 and ee high ae approximately $1,000,000, <br />Sf Reorganized CFGI could recover the maximum amount of <br />principal, the maximum amount of interest for the maximum time <br />period and ell of 1[e attorneys' fees. <br />Reorganl xed CPiI filed end hoe pro9ecuted the Amended <br />Complaint on behalf of [he Retirees to ovoid exposure end claims <br />under 6AISA. The proposed settlement in the sum of $745,600 <br />represents a good faith compromf se among the part iee of the range <br />of amounts for which Equitable may be liable. Moreover, pursuant <br />[o the Settlement Agreement, Equitable Se releeeing its claim <br />against CFfiI Steel Corporation's estate Sn the approximate amount <br />of $391,000, which eaves Reorganl zed CF6I additional litigation <br />expense and avoids the risk of increasing the amount of claims <br />ago Snet CF4I Steel Corporatlon'a estate by such amount. <br />In addition, Reorganl zed CFGI named the USWA ee a party <br />defendant hecavee s maiorlty of the Retirees on whose behalf <br />Reorganized CF4I'e Amended Complaint wee brought were former <br />employees of CFfiI Steel Corporation that were represented by the <br />USWA and the USWA hoe Joined Sn the Settlement Agreement. <br />In summary, because Reorganized CFGI Se recovering a <br />eubetantial portion of the maximum amount It could recover iE <br />Renraani v.ad CRLT wn,~l ri n all ___ a_ll lae,~na hg_____ t!:C ~~~~ <br />and risk to litigate further mey^no[ slgnSficantly increase^^ <br />additional recoveries end because the USWA, which had represented <br />a majority of the Retlreee when they worked for CFGI Steel <br />Corporation, supports Che proposed settlement and ie a party to <br />the Settlement Agreement, St Se Che business Judgment of the <br />Responsible Officer/Responsible Director of Reorganized CP4I that <br />the Settlement Agreement Se in the beet intereate of CFGI Steal <br />Corporation's estate, the creditors of its estate and the <br />Retirees and Chet the Settlement Agreement should be approved and <br />consummated ae proposed. <br />DATED Ch1e 4th day of June 1997. <br />~wmrwm <br />RAY, OUINNEY i NEBEKER <br />/e/ Weston L. Herrie <br />Weston L. Harris <br />Attorneys for Reorganized CFGI <br />Steel Corporation <br />COHEN, NEISS AND SIMON <br />/e/ Ann E. O'Shea <br />Ann E. O'Shea <br />Attorneys for United Steel Workeze <br />Of Ame rice <br />
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