No. 08A1096
In the Supreme Court of the United States
______________
INDIANA
STATE
POLICE
PENSION
TRUST,
ET AL
.,
Applicants,v.CHRYSLER
LLC,
ET AL
.,
Respondents.
______________
SUPPLEMENTAL STATEMENT IN SUPPORT OF STAY APPLICATION
______________
To the Honorable Ruth Bader Ginsburg, Associate Justice of the SupremeCourt of the United States and Circuit Justice of the United States Court of Appealsfor the Second Circuit:The Indiana State Teachers Retirement Fund, Indiana State Police PensionTrust, and the Indiana Major Moves Construction Fund (collectively, the “IndianaPensioners”) respectfully supplement their Application for an immediate stay, filedon June 6 (the “Application”), in order to bring to the Court’s attention informationbearing on the Application and this Court’s Order of June 8, extending the stay inthis matter pending further order of Justice Ginsburg or the Court.The Debtors (and the United States) have advanced the position throughoutthis case, including in its papers filed with this Court, that the section 363 Sale atissue here had to close before June 15 or Fiat would exercise its right to withdrawand the entire transaction would collapse. The courts below relied on sucharguments and testimony in moving this case forward at an unprecedented pace.
In responding to the news of this Court’s temporary stay, Sergio Marchionne,the CEO of Fiat, was quoted as follows:“‘We would never walk away,’ Marchionne said in response to aquestion about whether Fiat would pull out of the deal if it isn’tcompleted by the June 15 deadline. ‘Never.’” Rather,Marchionne said that “We should just be patient and let thesystem work.”
See
“Fiat Will ‘Never’ Walk Away from Chrysler, CEO Says.”
1
Whether or not the arguments and testimony were ever true, the IndianaPensioners respectfully submit that the risk of termination by Fiat if thetransaction does not close by June 15 no longer provides a basis for driving thetiming of these proceedings.Respectfully submitted,/s/ Thomas M. Fisher
T
HOMAS
E
L
AURIA
G
REGORY
F.
Z
OELLER
G
LENN
M.
K
URTZ
Attorney General of Indiana
O
WEN
C.
P
ELL
K
AREN
M.
A
SNER
T
HOMAS
M.
F
ISHER
W
HITE
&
C
ASE
LLP
Solicitor General (Counsel of Record)
1155
A
VENUE OF THE
A
MERICAS
N
EW
Y
ORK
,
NY
10036 A
SHLEY
E.
T
ATMAN
(212)
819-8200
Deputy Attorney General
Office of the Attorney GeneralW
HITE
&
C
ASE
LLP Indiana Government Center South,200
S.
B
ISCAYNE
B
OULEVARD
Fifth FloorM
IAMI
,
FL
33131 302 West Washington Street(305)
371-2700 Indianapolis, Indiana 46204(317) 232-6201
Counsel for Petitioners/Applicants
Dated: June 9, 2009
1
http://www.bloomberg.com/apps/news?pid=20601087&sid=aS_6UyCqIJmA
.
No. 08A1096
______________
In the Supreme Court of the United States
______________
In re Chrysler LLC, Debtor
______________
INDIANA
STATE
POLICE
PENSION
TRUST,
ET
AL.,Petitioners,v.CHRYSLER
LLC,
ET
AL.,Respondents.
______________
CERTIFICATE OF SERVICE FOR SUPPLEMENTAL STATEMENT INSUPPORT OF STAY APPLICATION
I hereby certify that on June 9, 2009, true and complete copies of theSupplemental Statement in Support of Stay Application were served upon counselfor all parties by mailing same by First-Class U.S. Mail and electronic mail, to thefollowing:
James L. Bromley, Esq.Deborah M. Buell, Esq.Cleary Gottlieb Steen & Hamilton, LLP1 Liberty PlazaNew York, NY 10006dbuell@cgsh.com
International Union of United Automobile Aerospace and Agricultural Implement Workers of America, AFL-CIO (“UAW”)
Adina H. Rosenbaum, Esq.Public Citizen Litigation Group1600 20th Street, N.W.Washington, DC 20009arosenbaum@citizen.orgazieve@citizen.org
Center for Auto Safety, Consumer Action,Consumers for Auto Reliability and Safety,National Association for Consumer Advocates
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Indiana Funds Supplement to Chrysler SCOTUS Appeal
From DealBook: Lawyers for Indiana pensioners note Fiat chief executive's comments that the Italian carmaker will "never" walk away from Chrysler.
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