FOR THE DISTRICT OF DELAWARE Chapter 11 (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 1 Case No. 12-11564 (CSS) Debtors. Re: Docket Nos. 425,445 Hearing Date: To be determined Ob'ection Deadline: To be determined MOTION OF MICHAEL JAY MEYER TO SHORTEN NOTICE PURSUANT TO DEL. BANKR. L.R. 9006-1 AND TO EXPEDITE HEARING IN CONNECTION WITH THE JOINDER OF MICHAEL JAY MEYER TO THE MOTION OF NORMAN FREDRICK WESSELS, JOYCE ELAINE WESSELS, AND GLADYS ANN WALKER FOR RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIMS Michael Jay Meyer ("Mr. Meyer"), by and through his undersigned counsel, hereby moves (the "Motion to Shorten") to shorten notice and expedite the hearing in connection with his Joinder of Michael Jay Meyer to the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief From the Automatic Stay to Pursue Personal Injury Claims (the "Joinder Motion") [Docket No. 445] filed on September 21, 2012. In support of this Motion to Shorten, Mr. Meyer states as follows: JURISDICTION 1. This Court has jurisdiction over this Motion to Shorten pursuant to 28 U.S.C. 157 and 1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. 2. This is a core proceeding pursuant to 28 U.S.C. 157(b). 1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90- 0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38- 2918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59- 2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91- 0847582). 5719622/ 3. The bases for the relief requested herein are Federal Rule of Bankruptcy Procedure 9006(c)(1) and Local Rule of Bankruptcy Procedure 9006-1(e). BACKGROUND 4. As set forth in greater detail in Mr. Meyer's Joinder Motion, a true and correct copy of which is attached hereto as Exhibit l, Mr. Meyer was injured in a Collision 2 on or about October 7, 2010. The Collision was, upon information and belief, caused by an employee of Allied Systems, Ltd. ("Allied Ltd."), who was driving a truck owned by Allied Ltd. at the time of the Collision. Mr. Meyer's vehicle was totaled in and as a result of the Collision, and Mr. Meyer suffered injuries in and as a result of the Collision which required and continue to require Mr. Meyer to incur the expenses of hospitals, doctors, and/or other medical care providers. 5. Upon information and belief, at the time of the Collision, the Debtors had insurance policies in place which provided coverage for the injuries and damage suffered by Mr. Meyer as a result of the Collision. 6. Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker filed a motion for stay relief (the "Stay Relief Motion") [Docket No. 425] on September 11, 2012, the hearing for which is currently scheduled for September 28, 2012 at 11:00 a.m. ET and the objection deadline for all parties other than the Debtors is currently set for September 21, 2012 at 4:00p.m. ET. The Debtors' deadline to object to the Stay Relief Motion is September 25, 2012 at 4:00p.m. ET. 7. The Stay Relief Motion is premised on the same Collision and substantially similar underlying facts to those which form the basis for Mr. Meyer's request for relief from the automatic stay in his Joinder Motion. 2 Capitalized terms not otherwise defmed herein shall have the meaning ascribed to them in the Joinder Motion. 5719622/ 2 BASIS FOR THE RELIEF REQUESTED 8. Federal Rule of Bankruptcy Procedure 9006(c)(l) provides that, with certain inapplicable exceptions, "when an act is required or allowed to be done at or within a specified time by these rules or by a notice given thereunder or by order of the court, the court for cause shown may in its discretion with or without motion or notice order the period reduced." Additionally, Del. Bankr. L.R. 9006-l(e), titled "Shortened Notice," provides "No motion will be scheduled on less notice than required by these Local Rules or the Fed. R. Bankr. P. except by order of the Court, on written motion (served on all interested parties) specifying the exigencies justifying shortened notice. The Court will rule on such motion promptly without need for a hearing." 9. Mr. Meyer respectfully submits that shortening the notice and expediting the hearing with respect to his Joinder Motion is appropriate and will maximize judicial economy without sacrificing the rights or interests of any of the parties in interest. As of the time this Motion to Shorten was filed, no objections were filed against the Stay Relief Motion, though the deadline to file any such objections has passed for all parties other than the Debtors. As indicated above, Mr. Meyer's Joinder Motion relates to the same parties at issue in the Stay Relief Motion, the same underlying incident (the Collision), and will be served upon the same parties who received the Stay Relief Motion. 10. Accordingly, in light of the above, Mr. Meyer respectfully requests that the deadline to the Joinder Motion be set for September 25, 2012 at 4:00p.m. ET, consistent with the current objection deadline for the Debtors regarding the Stay Relief Motion, and that the Joinder Motion be heard on September 28, 2012 at 11:00 a.m. ET along with the Stay Relief Motion. 5719622/ 3 NOTICE TO BE PROVIDED 11. While Mr. Meyer respectfully submits that the relief he seeks would result in the greatest judicial economy and the least potential sacrifice for parties in interest if he is awarded expedited consideration, Mr. Meyer recognizes the need to provide as much notice as possible in order to satisfy other interested parties' due process rights. Accordingly, contemporaneously with this filing, Mr. Meyer is providing a copy of the Joinder Motion to (i) counsel to the Debtors, (ii) the Office of the United States Trustee for the District of Delaware, and (iii) all parties having entered an appearance in the Debtors' bankruptcy case. WHEREFORE, Mr. Meyer respectfully requests entry of an Order in the form attached hereto: (i) granting the Motion to Shorten to consider the relief requested in the Joinder Motion on an expedited basis; (ii) setting the deadline to object to the Joinder Motion at September 25, 2012 at 4:00 p.m. ET; (iii) scheduling the hearing on the Joinder Motion on September 28, 2012 at 11:00 a.m. ET; and (iv) granting to Mr. Meyer such other and further relief as the Court deems just and proper. Dated: September 21, 2012 5719622/ 4 MORRIS JAMES LLP Eric J. o (DE Bar No. 5214) Courtney R. Hamilton (DE Bar. No. 5432) 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 Telephone: (302) 888-6800 Facsimile: (302) 571-1750 E-mail: emonzo@morrisj ames.com chamilton@morrisj ames.com Counsel for Michael Jay Meyer In re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 1 Case No. 12-11564 (CSS) Debtors. Re: Docket No. 425 Hearing Date: To be determined Ob'ection Deadline: To be determined JOINDER OF MICHAEL JAY MEYER TO MOTION OF NORMAN FREDRICK WESSELS, JOYCE ELAINE WESSELS, AND GLADYS ANN WALKER FOR RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIMS -(DOCKET NO. 425) Michael Jay Meyer ("Mr. Meyer"), by and through his undersigned counsel, hereby moves, joins in (the "Joinder"), and adopts by this reference, the arguments and the requests for relief made by Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker (the "Stay Movants"), in the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief From the Automatic Stay to Pursue Personal Injury Claims (the "Relief From Stay Motion") [Docket No. 425] filed on September 11, 2012. In support of his Joinder and request for relief, Mr. Meyer states as follows: JURISDICTION 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and 1334. Venue is proper pursuant to 28 U.S.C. 1408 and 1409. 1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90- 0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38- 2918187); Cordin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59- 2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91- 0847582). 5715765/ 2. This is a core proceeding pursuant to 28 U.S.C. 157(b). 3. The bases for the relief requested herein are 11 U.S.C. 362(d) and Rules 4001(a)(l), 4001(a)(3) and 9014 ofthe Federal Rules ofBankruptcy Procedure. BACKGROUND 4. On or about October 7, 2010, at approximately 4:28p.m., Mr. Meyer was the fifth in a line of six vehicles stopped in a construction zone on Iowa Highway 7 5 facing north, in the County of Plymouth, State of Iowa. Mr. Meyer had halted his vehicle - a 2000 Dodge Intrepid, Iowa license plate 613CQV- in order to await a pilot car to escort him through the construction zone. 5. At the same approximate time and place, David Allen Anderson ("Defendant Anderson") was driving a 2007 Sterling Acterra Semi, Georgia license plate IC56Y7 (the "Semi Truck"), in a northern direction on Iowa Highway 75, in the County of Plymouth, State of Iowa. Defendant Anderson failed to observe the vehicles stopped at the construction zone, failed to stop a clear distance away from the vehicles, and drove into the sixth and final stopped vehicle, causing a chain reaction of vehicle collisions which injured nine (9) individuals, including Mr. Meyer (this event is hereafter referred to as the "Collision"). A redacted copy of the police report detailing the Collision (the "Police Report") is attached hereto as Exhibit A. 6. Upon information and belief, debtor Allied Systems, Ltd. ("Allied Ltd.") owned the Semi Truck at the time of the Collision. See Exhibit A. Specifically, on the second page of the Police Report, which is labeled "Page 1," in the description of Unit 001, the Police Report identifies Defendant Anderson as the driver of the Semi Truck, and identifies "Allied Systems Ltd." as the owner ofthe Semi Truck. 7. Mr. Meyer's vehicle was totaled in and as a result of the Collision, and Mr. Meyer 5715765/ 2 suffered injuries in and as a result of the Collision which required and continue to require Mr. Meyer to incur the expenses of hospitals, doctors, and/or other medical care providers. 8. Upon information and belief, at the time of the Collision, the Debtors had insurance policies in place which provided coverage for the injuries and damage suffered by Mr. Meyer as a result of the Collision. Indeed, the insurance company and policy number on the insurance policy provided by the Debtors matches the insurance company and policy number provided for the Semi Truck in the Police Report. A copy of the cover page of the insurance policy provided by the Debtors is attached hereto as Exhibit B. Debtor Allied Systems Holdings, Inc. ("Allied Holding") is listed as the named insured on the insurance policy. 9. On May 17, 2012, involuntary petitions were filed against Allied Holding and Allied Ltd. in the United States Bankruptcy Court for the District of Delaware. On June 10, 2012 (the "Petition Date"), certain affiliates of Allied Holding and Allied Ltd. filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. An order directing joint administration ofthe Debtors' cases under case number 12-11564 (CSS) was entered on June 11, 2012 [Docket No. 89]. RELIEF REQUESTED 10. By this Motion, Mr. Meyer seeks relief from the automatic stay to pursue personal injury claims (the "PI Claims") against the Debtors to recover from the Debtors, including proceeds from any applicable insurance policy(ies ), and any other potentially responsible third parties, including Defendant Anderson, in a non-bankruptcy forum of competent jurisdiction. ARGUMENT 11. Mr. Meyer, as one of the parties injured in the Collision, seeks relief from the automatic stay pursuant to 11 U.S.C. 362(d)(1) to pursue his personal injury claim against the 5715765/ 3 relevant Debtor(s), third-party defendant David Allen Anderson, and the Debtors' insurance company, and, in support of this relief, joins in and adopts the arguments made in the Stay Relief Motion. 12. If stay relief is appropriate for the Stay Movants, fairness and judicial economy dictate that it should also be granted to Mr. Meyer to pursue relief for the injuries and damages he suffered as a result of the Collision, as his claims against the Debtors arise from the same acts, transactions and occurrences as those set forth in the Stay Relief Motion. [The remainder of this page has intentionally been left blank.} 5715765/ 4 WHEREFORE, Mr. Meyer joins in and adopts the arguments made in the Stay Relief Motion and respectfully requests that this Court enter an Order in the form attached hereto (i) granting the Mr. Meyer's Motion for relief from the automatic stay to liquidate the PI Claim against the Debtors and any other potentially responsible parties in a non-bankruptcy forum of competent jurisdiction and, if successful, to recover from the Debtors and any applicable insurance coverage, (ii) waiving the stay of the order provided under Fed. R. Bankr. P. 4001(a)(3), and (iii) granting to Mr. Meyer such other and further relief as this Court may deem just and proper. Dated: September 21, 20 12 5715765/ 5 MORRIS JAMES LLP Eric . Monzo (DE Bar No. 5214) Courtney R. Hamilton (DE Bar. No. 5432) 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801 Telephone: (302) 888-6800 Facsimile: (302) 571-1750 E-mail: ernonzo@rnorrisj ames. corn charnilton@rnorrisj ames .corn Counsel for Michael Jay Meyer EXHIBIT A PO CEREPORT Plymouth County Sheriff Call#: 2010002728 Agency: SO Type: lOSOPI 10-50 PI Caller: DOB: Address: STRUBLE
Call-to: Landmark: 712-540-1363 Loc#: 04 Grid#: BARTOL Dist#: Alarm: How Reeved: Mutual Aid: N Unit Disp Arrv Clrd Dass Serv Officer # State Plate # Tp _Y! Make Model Style -- liA 464CRE PC 00 PONT ORANDPRIX4D 2IA 316KCN PC 01 CHEVY IMPALA 4D 3IA 613CQV PC 00 DODGE INTREPID 40 4GA U13781 TR 07 DELAVAN lL SIA SE3860 s 06 PETERBll. T TR 6IA 140WZF PC 97 BUICK LESABRE 4D 7IA 3S4FIR TK 01 CHEVY SILVERADO PK 8 MN UDU124 PC 01 CADI DEVILLE 4D 9 GA ICS6Y7 TR 07 STERLING Narrative: Colors wm TAN ORY UNK WHI wm BRO wm Incident#: 8010002573 Date: 10/07/10 Time Rcvd: 16:28 Time Disp: 00:00 Time Arrv: 00:00 Time CJrd: 00:00 CallOispo: Prlm Off#: 7502 #Units Assign: 0 Wrecker RETIRED ISP 382 CALLED 911 AND ADVISED OF A MULTIPLE 1050 PlAT THE ABOVE LOCATION 1069 TO 7504 SIOUX CENTER, ORANGE MAURICE AMBULANCE AND RESCUE ASSISTED ALONG WITII LEMARS FIRE AND AMBULANCE 7501 7502 7503 7504 7505 1506 WERE ALL ON SCENE WEATHER AT THAT LOCATION TEMP 77F DEW 30 WINDS SWAT 8 :MPH CLEARSKYS 27/679YYS072 MELLEMA,LEE BRYANT DOB/1987-08-()6 27/A-536-13S-051303 DAVID ALLEN ANDERSON DOJJ 04/19/1966 , MAIL REPORTS TO: ~ ~ I ~ Oeperlmenl Ol TranspartaUgn :.o.,; Olfice a1 Oliver si!Nces V P.O.Box9204 ~ Oes MoinH, I ~ 50308-9204 ......_.... Iowa Department of Transportation INVESTIGATING OfFICERS REPORT OF MOTOR VEHICLE ACCIDENT Printed At: Plymouth County Sheriffs Off 10/1312010 09:22AM Page1 Law 1::11Jon:ementwso Numuar: 5010002573 Form #:.S010002573 .f, ' ;r_ !I ....! ., ~ ,. l , .. ! Pdntad At: PJymaulh County Sheriffs Off 10/13/2010 09:22AM Page2 Form#: S01DQ02573 Printed At: Plymouth County Sheriff's Off 10I13J2D10 0&:22 AM Pag3 CllaliOn Charge 2 CilaUon CIIBige 3 Form#: 5010002573 Printed At: Plymouth County Sheriffs Off 10/1312010 09:22AM Page4 UnllNo. af Vehlde Slriking Fonn #: 6010002573 D I A G R A M ...... ERIN CHRISTINE I
... ZlpCod& Unit No. ol Vtnll:le SIIUcing VEHICLE'S NUMBER 2 THROUGH 7 WHERE STOPPED IN A CONSTRUCTION ZONE WAITING FOR THE PILOT A ESCORT THEM THRU THE ZONE. VEHICLE #1 WAS NORTH BOUND N HIGHWAY #75 AND FAILED TO SEE THE VEHICLES STRIKING VEHICLE #2 CAUSING A CHAIN REACTION. THIS COLLISOIN TOOK PL.ACE IN A CONSTRUCTION ZONE Printed At: Plymouth County Sheriffs Off 10/13/2010 09:22AM Paga5 Form#: S010D02573 )[NSURSANC PO CY Polley No. CA 094-92-79 Renewal of No. NEW
Coverage is provided by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (a capital stock company) 175 Water Street, Nei{V York, NY 1 0038 (212) 458-5000 TRUCKERS DECLARATIONS ITEM ONE Named Insured & Mailing Address . ALLIED SYSTEMS 'HOLDINGS, INC. 2302 PARKLAKE DRIVE STE 600 ATLANTA, GA 30345 Producer's Name. & Mailing Address' LOCKTON COMPANIES, LLC 444 W. 47TH STREET SUITE 900 KANSAS Cl TY I MO 64112 FORM OF BUSINESS: [XI CORPORATION 0 PARTNERSHIP 0 UMITED LIABILITY COMPANY tJ INDIVIDUAL 0 OTHER POLICY PERIOD: From 01/01/2010 to 0 l/01/2011 at 12:01 A.M. Standard Time at.yolir'mail!ng address shown above. IN RCT'URN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO AU THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POUCV . POUCY PREMIUMS: $ 1 ,331.51.5 Premium for Terrorism Coverage: Not Applicable, Coverage Rejected By Insured SCHEDULE OF STATE TAXES, FEES AND SURCHARGES, IF APPLiCABLE:* Florida HCF*** $1.00 NewYork $2,100.00 Texas . State Taxes, Fees and Surcharges shown are In addition to the above referenced Polley Premium. Florida 'HCF**'! Florida Hurricane Catastrophe Fund Surcharge ENDORSEMENTS A1iACHED TO THIS POLICY: IL QO 17- Common Polley Conditions C1L 01' 461n Washington) IL 00 21 -Broad Form Nuclear Exclusion (Not Applicable In New Yorld SEE A 11' ACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POUCV DECLARAT)ONS, IF APPUCABLE, TOGETHER WITH THE COMMON POUCV CONDITIONS, COVERAGE FORMS, AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY 48171 0306 . Date Issued: 0 3/29/2.010 CA OS 14 03 06 Includes copyrighted material of Insurance Services Offlce,lnc., with its permission. !so Inc., 2005 Page 1 of s In re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al., 1 Case No. 12-11564 (CSS) Debtors. Re: Docket Nos. 445, __ ORDER GRANTING MOTION OF MICHAEL JAY MEYER TO SHORTEN NOTICE PURSUANT TO DEL. BANKR. L.R. 9006-1 AND TO EXPEDITE HEARING IN CONNECTION WITH THE JOINDER OF MICHAEL JAY MEYER TO THE MOTION OF NORMAN FREDRICK WESSELS, JOYCE ELAINE WESSELS, AND GLADYS ANN WALKER FOR RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIMS IT IS HEREBY ORDERED that the Motion of Michael Jay Meyer to Shorten Notice Pursuant to Del. Bankr. L.R. 9006-1 and to Expedite Hearing in Connection With the Joinder of Michael Jay Meyer to the Motion of Norman Fredrick Wessels, Joyce Elaine Wessels, and Gladys Ann Walker for Relief From the Automatic Stay to Pursue Personal Injury Claims (the "Motion to Shorten") [Docket No._] is GRANTED; and it is further ORDERED that argument on Mr. Meyer's Motion to Shorten IS scheduled for September 28, 2012 at 11:00 a.m. ET; and it is further 1 The Debtors in these cases, along with the federal tax identification number (or Canadian business number where applicable) for each of the Debtors, are: Allied Systems Holdings, Inc. (58-0360550); Allied Automotive Group, Inc. (58-2201081); Allied Freight Broker LLC (59-2876864); Allied Systems (Canada) Company (90- 0169283); Allied Systems, Ltd. (L.P.) (58-1710028); Axis Areta, LLC (45-5215545); Axis Canada Company (87568228); Axis Group, Inc. (58-2204628); Commercial Carriers, Inc. (38-0436930); CT Services, Inc. (38- 2918187); Cardin Transport LLC (38-1985795); F.J. Boutell Driveaway LLC (38-0365100); GACS Incorporated (58-1944786); Logistic Systems, LLC (45-4241751); Logistic Technology, LLC (45-4242057); QAT, Inc. (59- 2876863); RMX LLC (31-0961359); Transport Support LLC (38-2349563); and Terminal Services LLC (91- 0847582). 5719941/ ORDERED that the deadline for all parties to respond to Mr. Meyer's Motion to Shorten is September 25,2012 at 4:00p.m. ET. Dated: September _, 2012 5719941/ The Honorable Christopher S. Sontchi United States Bankruptcy Judge