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09-11507-cag Doc#442 Filed 09/23/09 Entered 09/23/09 15:02:49 Pg 1 of 5

IT IS HEREBY ADJUDGED and DECREED that the


below described is SO ORDERED.

Dated: September 23, 2009


________________________________________
CRAIG A. GARGOTTA
UNITED STATES BANKRUPTCY JUDGE
____________________________________________________________

UNITED STATES BANKRUPTCY COURT


WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

In re ) Chapter 11
)
CRESCENT RESOURCES, LLC, et al., ) Case No. 09-11507 (CAG)
)
Debtors. ) Jointly Administered
_____________________________________ )

AGREED ORDER GRANTING


MOTION OF GLADYS ELDER, ET. AL., FOR ORDER MODIFYING THE AUTOMATIC STAY TO
PERMIT THE CONTINUATION OF DISCOVERY RELATIVE TO DEBTOR FOR USE IN THE
PENDING TOXIC TORT LITIGATION PENDING IN CIRCUIT COURT, SEMINOLE COUNTY,
FLORIDA, AGAINST NON-DEBTOR DEFENDANTS AND NOTICE
OF SEVERANCE OF THE DEBTOR IN THE STATE ACTION

CAME ON this day for consideration the Motion Of Gladys Elder, Et. Al., For Order

Modifying The Automatic Stay To Permit The Continuation Of Discovery Relative To Debtor For

Use In The Pending Toxic Tort Litigation Pending In Circuit Court, Seminole County, Florida,

Against Non-Debtor Defendants And Notice Of Severance Of The Debtor In The State Action

(the “motion”) and the Court finding (i) that notice was proper, (ii) that no response in opposition

was filed, and/or (iii) that any response filed was duly considered at a hearing prior to the entry
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of this order and denied, (iv) that the motion is meritorious and, (v) that the motion should be

granted as described below, it is therefore

ORDERED that the automatic stay provisions of 11 U.S.C. §362(a) are modified to

authorize the Judge of the Eighteenth Judicial Circuit Court, Seminole County, Florida, to sever

the Debtor, Crescent Resources, LLC, as a party defendant in the original State Court action

consolidated cases pursuant to the plaintiffs’ motion filed in the State Court action and as

described in the motion to modify automatic stay; it is further

ORDERED that, following the severance of the Debtor in the original State Court action

in Seminole County, Florida, the automatic stay provisions of 11 U.S.C. §362(a) are modified to

authorize Gladys Elder and the other movants whom are plaintiffs in the original State Court

action in Seminole County, Florida, as well as the other non-debtor defendants in that State

Court action, to propound pretrial discovery to the Debtor, Crescent Resources, LLC, solely as a

“non-party” witness in the original State Court action; it is further

ORDERED that, in the event that the Debtor or any other party in the severed action

wishes to participate in pretrial discovery in that action, then the Debtor or any other party in that

severed action shall file an appropriate motion in this case for modification of the automatic stay

provisions of 11 U.S.C. §362 involving the severed action; and it is further

ORDERED that, notwithstanding the severance of the Debtor from the original State

Court action, in the event that the Debtor chooses to passively participate in any phase of

discovery in the original State Court action (such as by attending depositions, being in

attendance at conferences involving experts or counsel, and receiving copies of all discovery in

the same manner as if the Debtor had not been severed), then the Debtor may so participate

without the necessity of further Court order; and it is further

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ORDERED that, except as expressly granted in this Order with respect to discovery to be

propounded upon the Debtor as a non-party witness in the original State Court action after the

severance of the Debtor from the original State Court action, the provisions of 11 U.S.C. §362(a)

with respect to the Debtor and any property of the estate shall remain in full force and effect

pending further orders, if any, of this Court.

###

AGREED AS TO FORM AND SUBSTANCE:

/s/John W. Alvis
John W. Alvis – 01130000 Attorney responsible for submission of order
111 Congress Ave., 4th Fl., Austin, Texas
MAILING ADDRESS:
PO BOX 1068
Austin, TX 78667-1068
Tel: (512) 350-8144
Fax:1+(512) 393-3356
E-mail: alvislaw@aol.com

-and-

/s/ Paul G. Byron / by John Alvis w/consent


Paul G. Byron – 0826670 (Florida), Pro Hac Vice
OVERCHUCK, BYRON, OVERCHUCK, P.A.
2709 Winter Park, Florida 32789
Tel: (407) 872-6222
Fax: (407) 872-6822
Email: paul@productslaw.net

ATTORNEYS FOR GLADYS ELDER, ET AL.,


MOVANTS

/s/ Eric J. Taube / by John Alvis w/consent


Eric J. Taube – 19679350
HOHMANN, TAUBE & SUMMERS, L.L.P.
100 Congress Ave., Ste. 1800
Austin, TX 78701
Tel: (512) 472-5997
Fax: (512) 472-5248
Email: erict@hts-law.com

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-and-

/s/ Michelle Larson/ by John Alvis w/consent


Michelle Larson - 00796928
WEIL, GOTSHAL & MANGES LLP
200 Crescent Court, Ste. 300
Dallas, TX 75201
Tel: (214) 746-7892
Fax: (214) 746-7777
Email: michelle.larson@weil.com

ATTORNEYS FOR DEBTOR IN POSSESSION

/s/ Joseph D. Martinec/ by John Alvis w/consent


Joseph D. Martinec - 13137500
MARTINEC, WINN, VICKERS & MCELROY, P.C.
600 Congress Avenue, Suite 500
Austin, TX 78701
Tel: (512) 476-0750
Fax: (512) 476-0753
Email: martinec@mwvmlaw.com

ATTORNEYS FOR OFFICIAL


UNSECURED CREDITORS COMMITTEE

APPROVED AS TO FORM ONLY:

/s/ Stephen A. Goodwin / by John Alvis w/consent


Stephen A. Goodwin - 08186500
CARRINGTON, COLEMAN, SLOMAN & BLUMENTHAL, L.L.P
901 Main Street, Suite 5500
Dallas, TX 75202-3767
Tel: (214) 855-3000
Fax: (214) 855-1333
Email: sgoodwin@ccsb.com

-and-

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/s/ Daniel C. Johnson by John Alvis w/consent


Daniel C. Johnson – 522880 (Florida), Pro Hac Vice
CARLTON FIELDS, P.A.
CNL Center at City Commons
450 S. Orange Ave., Ste. 500
Orlando, FL 32801-3336
Tel: (407) 849-0300
Fax: (407) 648-9099
Email: djohnson@carltonfields.com

ATTORNEYS FOR SIEMENS


COMMUNICATIONS, INC.,
SIEMENS CORPORATION,
AND SIEMENS REAL ESTATE, INC.,
RESPONDENTS

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