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