agreed order pursuant to bankruptcy rule 3003(c)(3) fixing ... · 2. pursuant to bankruptcy rule...

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NOTICE OF FILING PLEASE TAKE NOTICE that, in the above-captioned bankruptcy, PLEASE TAKE NOTICE that [name of entity making Filing(s)] has filed a document captioned [insert title(s) of Filing(s)] on linsert datel. Any objection or other response to the [Filing] must be in writing, must be (i) filed with the United States Bankruptcy Court for the Southern District of Ohio, 170 North I ligh Street, Columbus, Ohio 43215 on or before 4:00 p.m. Prevailing Eastern Time on [insert applicable response deadline for Omnibus Hearing] (the "Response Deadline"); (ii) must be served so as to be actually received by each of the undersigned counsel on or before the Response Deadline; and (iii) filed and served in accordance with the Court's Order Establishing Notice, Case Management, and Administrative Procedures, dated (document no. _ ). PLEASE TAKE FURTHER NOTICE that if a timely response or objection'is filed, a hearing will be held before the United States Bankruptcy Court for the Southern District of Ohio, Courtroom _, 170 North High Street, Columbus, Ohio 43215 on [insert date/time of applicable Omnibus Hearing, or other hearing date as fixed by the Courti. PLEASE TAKE FURTHER NOTICE that if no response or objection to the [Filing] is timely filed and served, tile Court may grant the relief requested without further notice or a hearing consistent with LBR 9013-1. A6 Q39*-zib cco

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Page 1: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

NOTICE OF FILING

PLEASE TAKE NOTICE that, in the above-captioned bankruptcy, PLEASE TAKE NOTICE that [name of entity making Filing(s)] has filed a document captioned [insert title(s) of Filing(s)] on linsert datel. Any objection or other response to the [Filing] must be in writing, must be (i) filed with the United States Bankruptcy Court for the Southern District of Ohio, 170 North I ligh Street, Columbus, Ohio 43215 on or before 4:00 p.m. Prevailing Eastern Time on [insert applicable response deadline for Omnibus Hearing] (the "Response Deadline"); (ii) must be served so as to be actually received by each of the undersigned counsel on or before the Response Deadline; and (iii) filed and served in accordance with the Court's Order Establishing Notice, Case Management, and Administrative Procedures, dated (document no. _ ).

PLEASE TAKE FURTHER NOTICE that if a timely response or objection'is filed, a hearing will be held before the United States Bankruptcy Court for the Southern District of Ohio, Courtroom _, 170 North High Street, Columbus, Ohio 43215 on [insert date/time of applicable Omnibus Hearing, or other hearing date as fixed by the Courti.

PLEASE TAKE FURTHER NOTICE that if no response or objection to the [Filing] is timely filed and served, tile Court may grant the relief requested without further notice or a hearing consistent with LBR 9013-1.

A6 Q39*-zib cco

Page 2: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

.4

SAT-1 1028 0648-2105 02-66859 Southern District of Ohio (Columbus) United States Bankruptcy Court Southern District of Ohio 170 North High Street Columbus, OH 43215-2414

002439 2439 3 MB 0.718 20555 9 1 3899-2-2669

1 1lmlh,.hhhhhh1ff 1h11h.I1111111111aIIlmhhII I IIII,,h.III U S NUCLEAR REGULATORY COMMISSION WASHINGTON DC 20555-0001

002439 11028002444112

Page 3: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

IN THE UNITED STATES BANKRUPTCY COURT E LED FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION 03 JANi -9 P,'

IN RE: ) I

) Jointly Admifl'dst f%'tal, CJRI BUCKEYE STEEL CASTINGS COMPANY, et al. ) CASE NO. 02-66859

) ) Judge Caldwell

DEBTORS. ) Chapter 11

AGREED ORDER PURSUANT TO BANKRUPTCY RULE 3003(c)(3) FIXING BAR DATE FOR FILING PROOFS OF CLAIM AND DIRECTING CLERK TO PROVIDE

NOTICE OF BAR DATE TO CREDITORS AND PARTIES IN INTEREST

This matter having come before the Court upon Debtors' Emergency Motion for an Order

Fixing Bar Date for Filing Proofs of Claim and Directing Clerk to Provide Notice of Bar Date

with Notice of Commencement of Case filed by Buckeye Steel Castings Company ("Buckeye

Steel") and its above-captioned affiliates, debtors and debtors-in-possession in the above

captioned chapter 11 cases (collectively, the "Debtors"); and upon the objection to the relief

requested in the Motion raised by the Office of the United States Trustee; and no other or further

notice of the entry of this order being necessary or required; and after due deliberation and

sufficient cause appearing therefore:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

1. Pursuant to Bankruptcy Rule 3003(c)(3), and except as otherwise provided herein,

all persons and entities, including, without -limitation, individuals, partnerships, corporations,

estates, trusts, and governmental units (collectively, the "Creditors"), who hold or assert one or

more claims as said term is defined in § 101(5) of the Bankruptcy Code (a "Claim") against

Buckeye Steel Castings Company, Buckeye Holdings, Inc., or GSI Engineering, Inc. that alr,-..

002439

Page 4: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

prior to the filing of the above styled cases shall file a complete and duly executed proof of claim

on account of each and every Claim asserted against each of the Debtors on or before 4:00 p.m.

Eastern Standard Time on February 18, 2003 (the "Bar Date"); provided, however, that pending

further Order of the Court, persons or entities holding Claims in the following categories need

not file a proof of Claim on or prior to the Bar Date:

a. Claims for which a proof of claim against one or more of the Debtors in the form and manner required by Bankruptcy Rules 3003 and 9009 have already been filed;

b. Claims listed in the Debtors' Schedules of Assets and Liabilities (the "Schedules") or any amendments thereto as neither disputed nor contingent nor unliquidated as to which the person or entity holding such claim agrees with the amount and classification set forth in the Schedules;

c. Claims of any of the Debtors against any other of the Debtors that are reflected on the Debtors' books and records;

d. Claims resulting from the Debtors' rejection of an executory contract or unexpired lease that arise after the Bar Date;

e. Claims as to which the Court has, by separate Order, previously fixed a date by which proofs of claim must be filed;

f. Claims that have heretofore been expressly quantified, prioritized, and allowed by Order of the Court;

g. Claims that arose after the Petition Date that are entitled to administrative expense status and priority in payment under sections 503(b) and 507(a)(1) of the Bankruptcy Code.

2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this

Order shall specifically set forth the name or names of the Debtor or Debtors against which such

Claim is asserted, and shall be filed in substantial conformity with Official Bankruptcy Form 10

(the "Claim Form"). All proofs of Claim must be filed with an executed original and two copies.

3. Each and every holder of a Claim against a Debtor who, by this Order, is required

to file a proof of Claim in the form and manner specified by this Order, but who fails to do so on

855418_3.DOC 2

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Page 5: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

or before the Bar Date shall not, with respect to any such Claim or Claims, be treated as a

creditor for purposes of voting on or receiving any distribution under any plan or plans of

reorganization or liquidation.

4. Pursuant to Bankruptcy Rule 2002(a)(7), the clerk is directed to forthwith provide

notice of the Bar Date by serving a copy of this Order together with a Claim Form to all creditors

and parties in interest.

5. In the event the Debtors amend their Schedules subsequent to the clerk having

given notice of the Bar Date, the Debtors shall give notice of any amendment to the holder(s) of

the Claim(s) affected thereby, and such holder(s) shall be afforded twenty (20) days from the

date such notice is given (or such other time period as may be fixed by the Court) to file, if

necessary, a proof(s) of Claim in the form and manner prescribed herein, or be forever barred

from doing so.

6. Notice of the Motion as described in that Motion, and the notice of emergency

hearings described in this Court's Order Fixing Emergency Hearings on Selected Emergency

Motions, entered in these cases as a separate order, is deemed adequate and appropriate under the

circumstances and in full compliance with applicable provisions of the Bankruptcy Code, the

Federal Rules of Bankruptcy Procedure, and the Local Rules of this Court.

IT IS SO ORDERED.

Dated: Januaryl-., 2003

UNITED STATES BANKRUPTCY JUDGE

855418_3.DOC 3

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Page 6: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

AGREED:

KENNETH R. COOKSON (0020216) DINSMORE & SHOHL LLP 175 S. Third St., 10th Floor Columbus, OH 43215 614-628-6880

and

KIM MARTIN LEWIS (0043533) TIM J. ROBINSON (0046668) NATALIE C. WHEELER (0074245) DINSMORE & SHOHL LLP 1900 Chemed Center 255 E. Fifth St. Cincinnati, OH 45202 513-977-8317

Attorneys for Debtors and Debtors-inPossession

855418_3.DOC 4

ALEXANDER BARKAN ] LINDA BATTISTI OFFICE OF THE UNITED STATES TRUSTEE 170 North High Street, Suite 200 Columbus, OH 43215 614-469-7411

002439 11028002444022

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FORM BI0 (Official Form 10) (4/01)UNITED STATES BANKRUPTCY COURT - SOUTHERN DISTRICT OF OHIO - EASTERN DIVISION

r ame of Debtor Buckeye Steel Castings Co

ase NumberJointly Administ red Under

NUaiItI U1 LtIZUILU I kiLi pi ts; [ Ul

Jebtor owes money or property):other entity to whom the

Name and address where notices should be sent:

_. LlnecK nox It your are aware tuat anyone else has filed a proof of claim relating to our claim. Attach copy of statement giving particulars.

0 Check box if you have never received any notices from the bankruptcy court in this case.

O Check box if the address differs from the address on the envelope sent to you by the court.

Account or other number by which creditor identifies debtor: Zheck here o] replaces

f this claim a previously filed claim, dated: [•amends

1. Basis for Claim O Goods sold El Retiree Benefits

Services performed Wages, salaries, and compensation (Fill out below)

r] Money loaned Your SS #: _

o Personal injury/wrongful death Unpaid compensation for services performed 0 Taxes from _ to.

[] Other: (date) (date)

2. Date debt was incurred: If court judgment, date obtained:

4. Total Amount of Claim at Time Case Field: If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below.

El Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges.

5. Secured Claims. 6. Unsecured Priority Claim. o Check this box if your claim is secured by collateral 0 Check this box if you have an unsecured priority claim (including a right of setoff) Amount entitled to p $_

Brief Description of Collateral: Speithe poritoty $ El Real Estate 5 Motor Vehicle Specify the priodty of the claim:

0l Other __ Wages. salaries, or commissions (up to $4,650).* earned within 90 days before filing of the bankruptcy petition or cessation of the debtor's

Value of Collateral: $_business, whichever is earlier- I I U.S C. § 507(a)(3)

o Contnbutions to an employee benefit plan - I I U.S C. § 507(a)(4). o Up to $2.100* of deposits toward purchase, lease, or rental of property

or services for personal. family, or household use - I U.S.C. § 507(aX6).

Amount of arrearage and other charges at time case filed included 0 Alimony, nmaintenance, or support owed to a spouse, former spouse, or in secured claim, if any: $. child - I I U.S.C. § 507(aX7).

o Taxes or penalties owed to the governmental units - I I U.S C. 507(a)(8). [3 Other - Specify applicable paragraph of I I U.S.C. § 507(a)(_...).

*Amounts are subject to adjustment of 4/1/04 and every 3 years thereafter with respect to cases commenced on or after the date of adjustment.

7. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of THIS SPACE IS FOR COURT USE ONLY making this proof of claim.

9. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL DOCUMENTS. If the documents are not voluminous, attach a summary.

), Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, self-addressed envelope and coly of this proof of claim.

Date Sign and print name and title, if any, of the creditor or other person authorized to file this claim (attach copy of power of attorney, if any):

002439

Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3751.

Page 8: Agreed Order Pursuant to Bankruptcy Rule 3003(c)(3) Fixing ... · 2. Pursuant to Bankruptcy Rule 9009, each proof of Claim filed pursuant to this Order shall specifically set forth

IN RE

BL

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF OHIO

T'A C"'lr'*l'.Tl'T T"hT' 71C'lTr".KT

-4'

A

cP N.

1_,- I rIIN UIl V hMVIUN .

C,. ) ) Jointly Administered ii"

ICKEYE STEEL CASTINGS COMPANY, et al. ) CASE NO. 02-66859 ) ) Judge Caldwell

DEBTORS. ) ) Chapter II

ORDER ESTABLISHING CERTAIN NOTICE, CASE MANAGEMENT AND ADMINISTRATIVE PROCEDURES

Upon the Debtors' Emergency Motion for an Order Establishing Certain Notice. Case

Management, and Administrative Procedures (the "Motion")' filed by Buckeye Steel Castings

Company ("Buckeye Steel") and its above-captioned affiliates, debtors and debtors-in-possession

in the above-captioned chapter I1 proceedings (collectively, the "Debtors"); the Court having

reviewed the Motion and the Affidavit of Joe W. Harden in Support of Voluntary Petitions and.

First Day Motions, sworn to on December 20, 2002; and it appearing that the relief requested is

in the best interests of Debtors and their estates; and upon the record herein; and after due

deliberation thereon; and good and sufficient cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

I. The Motion is granted.

2. Every notice, •motion or application, objection and all briefs, memoranda,

affidavits, declarations or other documents filed concurrently or subsequently in support thereof

in this case including proposed Orders, Judgments, findings of fact and conclusions of law

(collectively, "Filings") shall be subject to the notice procedures described herein (the "Notice

Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Motion. Z/

002439

C91 10&'

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Procedures"), which Notice Procedures are hereby implemented and approved pursuant to

sections 102 and 105 of the Bankruptcy Code and Bankruptcy Rules 2002(m) and 9007; and

further.

A. Service and Form of Filings

(a) Parties to be Served

3. All Filings in this case shall be served upon a Master Service List (as such Master

Service List may be subsequently amended or modified) consisting of the following:

a. the Debtors and their undersigned counsel;

b. the Office of the United States Trustee;

c. counsel to any official committee(s) established in this case pursuant to section 1102 of the Bankruptcy Code (the "Committee(s)");

d. counsel to the Debtors' senior secured lenders;

e. all Ohio local counsel having entered a notice of appearance in these cases, but in each such case -- ----only one-- opy of the Filing -regardless of how many creditors or parties in interest the Ohio local counsel represents;

f. those parties that may be added to the Master Service List upon written request to the Debtors and the Committee(s) or as ordered by the Court for good and sufficient cause; and

g. all parties requesting service of notice pursuant to Rule 2002 of the Bankruptcy Rules (the "2002 List Parties").

4. Parties may be added to the Master Service List upon written request, and may,

for good and sufficient cause shown, be removed from the list upon motion of the party

requesting removal or upon motion of the Debtors, after notice and a hearing.

5. On or about the first business day of each calendar month, counsel to the Debtors

shall (1) file with the Court an updated copy of the Master Service List and (2) serve the updated

Master Service List on the parties identified therein. Counsel to the Debtors shall provide an up-

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to-date version of the Master Service List to any party requesting a copy of same.

6. Filings for which particular notices are required by Bankruptcy Rules 2002(a)(2)

and (3), 4001, 6004, 6006, 6007 or 9019 shall be served upon the Master Service List as set forth

herein and in accordance with the following procedures, unless otherwise ordered by the Court:

a. Filings related to the use, sale, lease or abandonment of property other than in the ordinary course of business shall be served on each entity having an ownership interest in the property or a lien or encumbrance on the property;

b. Filings related to relief from, or otherwise related to, the automatic stay shall be served on (i) each entity having a lien or encumbrance on the, affected property and (ii) the parties to any underlying lawsuit or administrative proceeding and their counsel;

c. Filings relating to the use of cash collateral or obtaining credit shall be served on (i) each entity with an interest in the cash collateral and (ii) each entity with a lien or other interest in property on which a lien is proposed to be granted;

d. Filings relating to approval of proposed compromises or settlements shall be served on an entity that is a party to -the compromise or settlement or which may be directly adversely affected thereby;

e. Filings relating to rights under section 365 of the Code shall be served on each party to the executory contract(s) or unexpired lease(s) affected thereby;

f. Filings relating to applications for payment of compensation or reimbursement of expenses shall be served on each professional person who is' seeking payment of compensation or reimbursement of expenses' and whose retention has been authorized by the Court in this case; and

g. Notice of other matters for which the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules") specifically require notice to all parties in interest shall be served on all creditors and equity security holders of the Debtors and parties in interest, except as set forth herein or as otherwise authorized by this Court.

7. Except as, set forth herein or as otherwise authorized by this Court, the noticing

procedures set forth above shall not apply to notices of the matters or proceedings described in

856400.2.IX)C 3

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the following Bankruptcy Rules:

a. Bankruptcy Rule 2002(a)(1) (any meetings of creditors pursuant to section 341 of the Bankruptcy Code);

b. Bankruptcy Rule 2002(a)(2) (any proposed use, sale of lease of property of the estate other than in the ordinary course of business, to the extent that such use, sale or lease concerns all or substantially all of the Debtors' assets);

c. Bankruptcy Rule 2002(a)(3) (the hearing on approval of a compromise or settlement of a controversy other than approval of an agreement pursuant to Bankruptcy Rule 4001(d)(l), to the extent that such compromise or settlement either involves claims between and among the Debtors and any official committee(s) of creditors or equity interest holders appointed in this case under § 1102 of the Bankruptcy Code;

d. Bankruptcy Rule 2002(a)(4) (a hearing on the dismissal of the case, or the conversion of the case to another chapter);

e. Bankruptcy Rule 2002(a)(5) (the time fixed to accept or reject a proposed modification of a plan of reorganization):

f. Bankruptcy Rule 2002(b)(1) (the time fixed for filing objections and any hearing to consider approval of a disclosure statement);

g. Bankruptcy Rule 2002(b)(2) (the time fixed for filing objections and any hearing to consider confirmation of a plan of reorganization);

h. Bankruptcy Rule 2002(d) (certain matters for which notice is to be provided to equity security holders);

Bankruptcy Rule 2002(f)(1) (the entry of an order for relief);

j. Bankruptcy Rule 2002(f)(2) (the dismissal or conversion of the case to another chapter of the Bankruptcy Code);

k. Bankruptcy Rule 2002(f)(5) (the time fixed for filing a complaint to determine the dischargeability of a debt pursuant to section 523 of the Bankruptcy Code, as provided in Bankruptcy Rule 4007);

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I. Bankruptcy Rule 2002(0(6) (the waiver, denial or revocation of a discharge as provided in Bankruptcy Rule 4006);

m. Bankruptcy Rule 2002(0(7) (the entry of an order confirming a chapter 11 plan or plans of reorganization);

n. Bankruptcy Rule 2002(f)(8) (a summary of the trustee's final report and account, should the case be converted to one under chapter 7 of the Bankruptcy Code); and

o. Bankruptcy Rule 3007 (objections to claims).

8. In accordance with LBR 9013-3, every Filing shall be accompanied by proof of

service in the form of counsel's certificate of service or by an affidavit of service by the person

making service. This certificate of service shall state the date, manner of service, and the names

and addresses of all served. Service can be shown by attaching to the certificate a specific listing

of the parties served.

(b) Manner of Service %

9. All Filings shall be served electronically, unless otherwise ordered by the Court.

Service shall be via Email exclusively rather than U.S. Mail or any other method of service in the

case of notice parties whose Email addresses are set forth on the Master Service List. Service of

the Filing shall include as an attachment.a computer file containing the entire Filing, including

any proposed form of Order, Judgment, findings of fact or conclusions of law (a) in ".pdf'

("PDF") format, readable by Adobe Acrobat or other equivalent document reader program

commonly available without cost; (b) in Microsoft Word format, Corel Word Perfect format, or

in some other word processing format in general business use; or (c) in ASCII or "text only"

format, readable by any commonly used word processing program; or (ii) a paper copy of the

entire Filing, including the proposed form(s) of Order, Judgment, findings of fact or conclusions

856400_2 DOC 5

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of law, where notice is served via ordinary mail, expedited courier service or facsimile as set

forth herein.

10. Additionally, all Filings, complaints and other pleadings filed in any adversary

proceeding commenced in this case (the "Adversary Pleadings") shall be served on the Master

Service List pursuant to the above-described service procedures, as well as upon any parties to

such adversary proceeding required to be served under any applicable Federal Rule of

Bankruptcy Procedure or Local Rule of this Court.

11. All of the foregoing matters or proceedings set forth in this paragraph of this

Order shall be noticed in accordance with the applicable provisions of Bankruptcy Rule 2002;

provided, however, that notice of the foregoing matters or proceedings shall, unless otherwise

ordered by the Court, be: (i) by Email as to any party in interest then on the Master Service List;

and (ii) by regular U.S. mail, postage prepaid, as to any party of interest not on the Master

Service List; provided further that nothing in this Order shall prejudice (i) the rights of any party

in interest to move the Court to further limit or expand notice of such matters and proceedings

upon a showing of good cause, including, but not limited to, the right to file a motion seeking

emergency ex parte consideration or consideration upon shortened time; or (ii) the rights of any

party to seek an enlargement or reduction of a time period under Bankruptcy Rule 9006(b) or (c).

12. Such Filing shall include notice of the time and date of any deadline for filing and

serving any objection to the relief requested in the Filing, the time and date of the Omnibus

Hearing (hereinafter defined) or other hearing date, as ordered by the Court, at which the Court

will consider the Filing (the "Applicable Hearing Date"), and a statement that the relief requested

in the Filing will be granted without a hearing if no objection thereto is timely filed and served.

13. Notice given in accordance with these Notice Procedures shall be deemed

856400_2 DOC 6

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adequate pursuant to the Bankruptcy Code, the Bankruptcy Rules and the Local Rules of the

United States District Court for the -Southern District of Ohio and for the United States

Bankruptcy Court for the Southern District of Ohio:

(c) Requests to Receive Service by Regular Mail

14. The parties who file notices of appearance and who desire to be added to the

Master Service List shall make a written request to that effect to the Debtors and include their

Email address with such request. Any party wishing to receive service by a means other than

Email must provide written notice of such request to Debtors' counsel within the sooner of (a)

ten (10) days of the entry of this Order, if the requesting party has already received notice of the

filing of this case or (b) simultaneously with any written request for that party's addition to the

Master Service List, if the requesting party has not yet received notice of the Filing of this case.

The Debtors shall have twenty (20) days to consider such request. If the Debtors either decline

the request or fail -to respond to same within such 20-day period, the requesting party may move

the Court in accordance with the Notice Procedures, for good cause shown, for permission to

"opt out" of receiving service via Email as contemplated by the Notice Procedures.

15. In the event the Court grants such party's request for service of Filings in a

manner other than by Email, all subsequent Filings shall be served upon such party via first class

U.S. Mail, postage prepaid unless otherwise ordered by the Court.

B. Omnibus Hearings

16. The Court shall conduct omnibus hearings on a monthly basis in this case (the

"Omnibus Hearings"). The following dates and times have been scheduled as Omnibus Hearings

in this chapter I I proceeding, and further

February . 2003 at CýW a.m. / p.m. (Prevailing Eastern Time)

856400_2.DOC 7

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March 4Z 1, 2003 at~,•, a.m. / p.m. (Prevailing Eastern Time)

17. Omnibus Hearings will occur thereafter as may be scheduled by the Court upon

request by any party at the last scheduled Omnibus Hearing. Omnibus Hearings shall be heard

in Courtroom B, 170 North High Street, Columbus, Ohio 43215 unless otherwise ordered by the

Court.

18. All matters requiring a hearing in this case shall be set for and heard on Omnibus

Hearing dates unless alternative hearing dates are approved by the Court for good cause shown.

Absent exigent circumstances, any Filing that is a motion, application, or other request, together

with the notice of opportunity to object and notice of hearing described above, shall be filed and

served at least twenty-three says prior to the hearing on such request. This twenty-three day

period allows for twenty days notice and response time (pursuant to LBR 9013-1), as well as

three days to allow parties an opportunity to review the responsive pleading prior to the hearing.

19. -An objection to any Filing shall be filed and served within twenty (20) days after

the date of service, but in no event later than three (3) court days prior to the hearing on the

motion. An objection to a Filing shall be served pursuant to the procedures described above as

well as upon the entity whose motion is being opposed.

20. Where an emergency hearing on less than twenty (20) days' notice is essential and

otherwise unavoidable, the Court may hear the matter at the regularly scheduled Omnibus

Hearing or at any another time on less than ten (10) days' notice, but only if all essential parties

have been properly notified and are able to be present before the Court at that time. Orders

entered on such basis may be subject to further modification upon objection to such order after

notice to all parties as set forth in this Order. The procedure for such expedited relief is as set

forth in Local Bankruptcy Rule 9073-1.

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21. Unless the Court orders otherwise, for good cause shown, where the Filing is a

motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) and where such Filing is

filed within the time period set forth above, the preliminary hearing on such matter will be set on

the next scheduled Omnibus Hearing date. Any objections to such Filing shall be filed and

served as required by this Order. The automatic stay shall remain in effect in all such matters

after the initial hearing pending final resolution of such matter. Except as specifically set forth

herein, all other procedures for such motions shall otherwise conform to the Local Rules and the

Bankruptcy Rules.

22. On the last business day of each month and commencing with December 31,

2002, or as soon thereafter as is practicable, Debtors shall cause a copy of this Order, as may

have been modified or amended from time to time, to be served upon each party that has filed a

notice of appearance or request for notice in this case during the preceding month.

23. -This Court shall jetain jurisdiction to hear and determine all matters arising from

or relating to the implementation of this Order.

24. Notice of the Motion as described therein and the notice of emergency hearings

described in this Court's Order Continuing Emergency Hearing on Certain Emergency Motions,

entered in these cases as a separate order on December 23, 2002, is deemed adequate and

appropriate under the circumstances and in full compliance with the applicable provisions of the

Bankruptcy Code, the Bankruptcy Rules and the Local Rules of this Court.

IT IS SO ORDERED.

Dated: January 7 , 2003

UNITED STATES BANKRUPTCY JUDGE

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MASTER SERVICE LIST

NAME PARTY OR PARTY EMAIL ADDRESS REPRESENTING

Buckeye Steel Castings Company Attn: Joe W. I larden Debtors and Debtors in

2211 Parsons Avenue Possession [email protected] Columbus, OH 43207

Kenneth R. Cookson Dinsmore & Shohli LLP

175 S. Third St., I 0th Floor Attorney for the Debtors Columbus, OH 43215 and Debtors in Possession kenneth.cookson@dinslaw corn

Kim Martin Lewis Tim J. Robinson

Natalie C. Wheeler Dinsmore & Sholil LLP Attorneys for the Debtors tim.robinson@dinslaw corn

1900 Chemned Center and Debtors in Possession [email protected] 255 E. Fifth Street

513-977-8200 fax: 513-977-8141

Alexander G. Barkan Linda Battisti

170 North High Street, Suite 200 Office of the United [email protected] Columbus, 01-1 43215 States Trustee [email protected]

614-469-7411 fax: 614-469-7448

Toby Gerber Gregory G. Hesse

Jenkins & Gilchrist A Professional Corporation Attorneys for Bank of [email protected]

1445 Ross Avenue, Suite 3200 America N.A. [email protected] Dallas, TX 75202

214-855-4500 fax: 214-855-4300

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NAME PARTY OR PARTY EMAIL ADDRESS REPRESENTING

Ron Gold Frost Brown Todd 2200 PNC Center 201! East Fifth Street Attorney for Bank of rodTta~o 21EsFitStetAmerica N.A. [email protected]

Cincinnati, OH 45202-4182 513-651-6800

fax: 513-651-6981

Jason Lichtenstein Kirkland & Ellis

Aon Center Attorney for Blue Point 200 East Randolph Drive Capital Partners [email protected] Chicago, IL 60601-6636

312-861-2000 fax: 312-861-2200

Jonathan Henes Kirkland & Ellis Citigroup Center

153 East 53r'd Street Attorney for Blue Point [email protected] New York, NY 10022-4611 Capital Partners

212-446-4800 212-446-4900

Worthington Industries, Inc. 1205 Dearborn Drive

Columbus, OH 43085 UNAVAILABLE 614-438-3210

fax: 614-438-7380

Key Capital Corporation c/o Blue Point Capital Partners 127 Public Square, Suite 5100 UNAVAILABLE

Cleveland, OH 44114 216-535-4700

Fax: 216-535-4701

857250_.1)OC 2

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NAME PARTY OR PARTY NAME___________ REPRESENTING EMAIL ADDRESS

Key Equity Capital Partners 98 c/o Blue Point Capital Partners 127 Public Square, Suite 5 100 UNAVAILABLE

Cleveland, OH 44114 216-535-4700

Fax: 216-535-4701

Enron Energy Services Operations P.O. Box 74489

Main Post Office UNAVAILABLE Cleveland, O 1 44191

713-345-4302

Banner & Witcoff, Ltd. Attn: Charles W. Shifley

10 South Wacker Drive, Suite 3000 UNAVAILABLE Chicago, IL 60606

312-715-1000 312-715-1234

Philips Metals. Inc. P.O. Box 931939-N

Cleveland, 01 44193 UNAVAILABLE 614-443-0518

Fax: 513-443-5815

BPCP Management, L.P. 127 Public Square, 2811 Floor

Cleveland, OHi 44114 UNAVAILABLE 216-535-4700

Fax: 216-535-4701

Allen Refractories Company 131 Shackelford Road Pataskala, Oi 43062 UNAVAILABLE

740-927-8000 Fax: 740-927-9404

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NAME PARTY OR PARTY EMAIL ADDRESS NAME___________ REPRESENTING

Mitchell - MeKinney Supply Co. 610 Greenlawn Ave.

Columbus, OH 43223 UNAVAILABLE 614-444-6732

Fax: 614-444-6850

Ashland Chemical CompanyAttn: William Massey

P.O. Box 371002, Mellon Bank UNAVAILABLE Pittsburgh, PA 15250

614-790-4592 Fax: 614-790-3285

D.A. International Casting Co. Attn: David Kerrigan

P.O. Box 909 328 S. East Street UNAVAILABLE

Galion, O1f- 44833 419-462-1700

Fax: 419-462-1688

Praxair, Inc. Attn: William Miller

P.O. Box 91385 UNAVAILABLE Chicago, IL 60693-1385

203-837-2489 Fax: 203-834-2511

PricewaterhouseCoopers LLP Attn: Tim Botts P.O. Box 75647 UNAVAILABLE

Chicago, IL 60675 614-225-8810

Fax: 614-227-3237

Keener Sand & Clay Company 330 Dering Avenue

Columbus, OH 43207 UNAVAILABLE 614-444-1105

Fax: 614-444-1195

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NAME PARTY OR PARTY EMAIL ADDRESS REPRESENTING

Ace Precision Industries Attn: James Wolf 925 Moe Drive UNAVAILABLE

Akron, OH 43310 330-633-8523

Fax: 330-633-8525

Kirkland & Ellis Attn: Matthew Stenmetz 200 East Randolph Drive

Chicago, IL 60601 UNAVAILABLE 312-861-2000

Fax: 312-861-2200

Houghton International Inc. Attn: Chris Eberle Box 8500-S!310

Philadelphia, PA 19178 610-666-4000

Fax: 610-666-1376

Metallis P.O. Box 632960

Cincinnati, OH 45263 UNAVAILABLE 330-656-5760

American Colloid Company P.O. Box 95338

Chicago, IL 60694 UNAVAILABLE 847-392-4600

Hickman, Williams & Company Location 00286 UNAVAILABLE

Cincinnati, OHI 45264 440-239-8480

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