IN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF DELAWARE
)In re)Chapter 11)WCI COMMUNITIES, INC., etal.
,))Case No. 08-11643 (KJC))Jointly AdministeredDebtors.))
Re: Docket No. 1615, 1616
Hearing Date: July 1, 2009 @ 11:00 A.M.
DEBTORS’ PRELIMINARY OBJECTION TO THE MOTION OFCINDY A. GOLDSTEIN FOR LEAVE TO FILE ACLASS PROOF OF CLAIM AND FOR CLASS CERTIFICATION ANDMOTION OF CINDY A. GOLDSTEIN FOR ENTRY OF ANORDER ALLOWING LATE FILED CLASS PROOF OF CLAIM
WCI Communities, Inc. (“WCI”) and its affiliated debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors”), hereby file this preliminary objection (the “Objection”) to the Class Certification Motion of Cindy A. Goldstein(“Goldstein”) for Leave to File Class Proof of Claim and for Class Certification (the “ClassCertification Motion”) [Docket No. 1616], and the Class Certification Motion of Cindy A.Goldstein for Entry of an Order Allowing Late Filed Class Proof of Claim (“Late Proof of ClaimMotion”)[Docket No. 1615], (collectively, “Motions”) and respectfully represent as follows:
By her Motions, Goldstein seeks permission to file a claim on behalf of a group of individuals who have allegedly suffered damages from defective drywall originating from China(“Chinese Drywall”) installed in homes by WCI built in Florida. In order to file a class proof of
The list of the Debtors and Tax Identification Numbers is located on the docket for Case No. 08-11643 (KJC)[Docket 64] and http://chapter11.epiqsystems.com/wcicommunities.