UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

ARMSTRONG WORLD INDUSTRIES, INC. 

ASBESTOS PERSONAL INJURY 

SETTLEMENT TRUST, 

 

 Plaintiff, 

 v. 

LIBERTY MUTUAL INSURANCE COMPANY, 

 

 Defendant. 

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Civil Action No. 02-CV-4360 

UNCONTESTED EMERGENCY MOTION FOR A RULE 16(b) 

SCHEDULING CONFERENCE

 The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust (the 

“Trust”), by and through the undersigned counsel, hereby moves the Court for a Rule 16(b) 

Scheduling Conference in the above-captioned action. In support of this Motion, the Trust avers: 

1. The Trust has assumed the liability of Armstrong World Industries, Inc. 

(“Armstrong”) to claimants who allege personal injury resulting from exposure to asbestos 

products manufactured or installed by Armstrong. 

2. The defendant Liberty Mutual Insurance Company (“Liberty”) contracted with 

Armstrong for the provision of comprehensive general liability insurance coverage during the 

annual policy periods for the years January 1, 1973 through January 1, 1982. 

3. This case involves a dispute between the Trust and Liberty as to the extent of 

coverage for asbestos-related personal injury claims made against Armstrong under certain of 

these policies. 

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4. On April 5, 2004, Armstrong filed the Amended Complaint in this action, 

seeking declaratory relief regarding coverage for the asbestos-related personal injury claims 

made against Armstrong under certain of these policies, as well as compensatory damages for 

Liberty’s alleged breach of its obligations under the 1977 policy. 

5. On June 18, 2004, Liberty filed its Answer to Armstrong’s Amended 

Complaint, denying that Armstrong is entitled to declaratory relief or compensatory damages. 

6. This action thereafter was stayed pending Armstrong’s bankruptcy proceeding 

in the United States District Court for the District of Delaware. 

7. On October 2, 2006, Armstrong’s Fourth Amended Plan of Reorganization 

became effective, thereby lifting the pending stay against Liberty’s ability to assert claims 

against Armstrong. 

8. On October 19, 2006, Liberty filed its Counterclaims against Armstrong, 

seeking declaratory relief regarding Armstrong’s claims to coverage for asbestos-related 

personal injury claims made under Liberty’s insurance policies. 

9. On March 16, 2007, Armstrong filed its Reply to Liberty’s Counterclaims, 

denying that Liberty is entitled to the requested declaratory relief. 

10. On May 1, 2007, this Court signed an Order substituting the Trust for 

Armstrong as the plaintiff in the action. The Trust has assumed, among other obligations, all 

of Armstrong’s liabilities and responsibilities for asbestos-related personal injury claims. 

11. The Trust and Liberty (collectively, the “Parties”) have, pursuant to Federal 

Rule of Civil Procedure 26(f), discussed at length a discovery plan and discovery schedule in 

this matter. The Parties have reached an agreement on many aspects of such a plan, and have 

prepared alternative discovery schedules for the Court’s consideration. 

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12. The Parties are prepared upon Order of the Court to submit a Joint Case Report 

regarding the nature of the action and the Parties’ competing proposals for discovery 

schedules, as well as other legal and procedural matters upon which the Parties have not been 

able to agree after lengthy consultation; the Parties require the Court’s assistance in deciding 

these disputed issues. 

13. As of the date of this Motion, more than six months have passed since the 

Parties filed the pleadings allowed by Rule 7 of the Federal Rules of Civil Procedure. 

14. The Parties desire an expeditious conclusion to this litigation. 

 For the foregoing reasons, the Trust respectfully requests that the Court issue an Order 

scheduling a Rule 16(b) scheduling conference in this matter. 

Respectfully submitted, 

Date: September 27, 2007 /s/ Stephen A. Madva 

Stephen A. Madva 

Steven E. Pachman 

Carmon M. Harvey 

MONTGOMERY, MCCRACKEN, 

 WALKER & RHOADS, LLP 

123 South Broad Street 

Philadelphia, PA 19109 

Tel: (215) 772-1500 

Fax: (215) 772-7620 

/s/ Jerome C. Randolph 

Jerome C. Randolph 

Mark A. Packman 

Alyson A. Foster 

GILBERT RANDOLPH LLP 

1100 New York Avenue, NW 

Suite 700 

Washington, DC 20005 

Tel: (202) 772-2200 

Fax: (202) 772-3333 

Case 2:02-cv-04360-RBS Document 62 Filed 09/27/2007 Page 3 of 5
UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

ARMSTRONG WORLD INDUSTRIES, INC. 

ASBESTOS PERSONAL INJURY 

SETTLEMENT TRUST, 

 

 Plaintiff, 

 v. 

LIBERTY MUTUAL INSURANCE COMPANY, 

 

 Defendant. 

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Civil Action No. 02-CV-4360 

CERTIFICATION OF UNCONTESTED MOTION

 The undersigned hereby certifies pursuant to Local Rule 7.1(b) that the Uncontested 

Emergency Motion for a Rule 16(b) Scheduling Conference filed by the Armstrong World 

Industries, Inc. Asbestos Personal Injury Settlement Trust on this day is uncontested by 

Defendant Liberty Mutual Insurance Company. 

Date: September 27, 2007 /s/ Stephen A. Madva 

Stephen A. Madva 

MONTGOMERY, MCCRACKEN, 

 WALKER & RHOADS, LLP 

123 South Broad Street 

Philadelphia, PA 19109 

Tel: (215) 772-1500 

Fax: (215) 772-7620 

Case 2:02-cv-04360-RBS Document 62 Filed 09/27/2007 Page 4 of 5
CERTIFICATE OF SERVICE

 I declare under penalty of perjury that a copy of the foregoing Uncontested Emergency 

Motion for a Rule 16(b) Scheduling Conference, proposed form of Order, and Certification of 

Uncontested Motion was mailed today by U.S. first-class mail, postage prepaid, to: 

A. Hugh Scott, Esquire 

Kathleen Burdette Shields, Esquire 

Choate, Hall & Stewart 

Two International Place 

Boston, MA 02110 

John C. Sullivan, Esquire 

Four Penn Center 

1600 John F. Kennedy Blvd. 

Philadelphia, PA 19103 

Attorneys for Defendant 

This document has been filed electronically and is available for viewing and downloading 

from the ECF system. 

Dated: September 27, 2007 /s/ Stephen A. Madva 

 Stephen A. Madva 

2224901v2 

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