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Robert H. Nunnally, Jr, SBN 134151
WISENER*NUNNALLY*GOLD, LLP
625 West Centerville Road, Suite 110
Garland, Texas 75041
(972) 840-9080
Facsimile: (972) 840-6575
Attorneys for Insurance Commissioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOHN GARAMENDI, Insurance
Commissioner of the State of California,
Applicant,
vs.
MISSION INSURANCE COMPANY, a
California Corporation,
Respondent.
Consolidated with Case Numbers
C 576 324; C 576 416;
C 576 323; C 576 325; C 629 709
Case No. C 572 724
Honorable John Shepard Wiley, Jr.
NOTICE OF ENTRY OF ORDER
GRANTING MOTION TO
AUTHORIZE CLOSING
PROCEDURES
Hon. John Shepard Wiley Jr.
Action filed: October 31, 1985
Department: 50
Old Hearing date: November 8, 2005
Final Hearing date: December 30, 2005
Hearing time: 8.30 a.m.
PLEASE TAKE NOTICE THAT the Court has entered that order which is attached as Exhibit "A" to this Notice, and set the hearings and deadlines more particularly described in that order. The Court further set December 30, 2005 at 8:30 a.m., or as soon thereafter as the matter may be heard for the final hearing on the motion, in Department 50, as set forth in the attached Exhibit "A".
Those who wish to review the Motion to Authorize Closing Procedures for Mission National Insurance Company Trust and the Motion to Authorize Closing Procedures for Mission Insurance Company Trust, previously filed with the Court and served upon the service list, may obtain a copy by visiting http://www.caclo.org.
Respectfully submitted,
WISENER*NUNNALLY*GOLD, LLP
Robert H. Nunnally, Jr.
625 West Centerville Road, Suite 110
Garland, Texas 75041
(972) 840-9080
Facsimile: (972) 840-6575
ROBERT H. NUNNALLY, JR.
State Bar Number 134151
HAROLD B. GOLD
WISENER*NUNNALLY*GOLD, LLP
625 West Centerville Road, Suite 110
Garland, Texas 75041
(972) 840-9080
Facsimile (972) 840-6575
Attorneys for Insurance Commissioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOHN GARAMENDI, Insurance
Commissioner of the State of California,
Applicant,
vs.
MISSION INSURANCE COMPANY, a
California Corporation,
Respondent.
Consolidated with Case Numbers
C 576 324; C 576 416;
C 576 323; C 576 325; C 629 709
Case No. C 572 724
Honorable John Shepard Wiley, Jr.
ORDER WHICH
AUTHORIZES CLOSING PROCEDURE
FOR MISSION INSURANCE
COMPANY TRUST AND MISSION
NATIONAL INSURANCE COMPANY
TRUST
Hon. John Shepard Wiley Jr.
Department: 50
Action filed: October 31, 1985
Hearing date: November 8, 2005
Hearing time: 8.30 a.m.
Date of Final Hearing December 30, 2005
at 8:30 a.m.
On the 8th day of November, 2005, the Court considered the Insurance Commissioner's Motion to Authorize Closing Procedure for Mission Insurance Company Trust and the Insurance Commissioner's Motion to Authorize Closing Procedures for Mission National Insurance Company Trust ("the Motion"). The Court considered the pleadings and papers on file, the response filed in opposition by Covanta Holding Corporation ("Covanta") and the reply to that response, and the argument of counsel at the hearing on the Motion.
The Court GRANTS the Motion and orders as follows:
The Court sets December 30, 2005 at 8:30 a.m., or as soon thereafter as the matter may be heard, at Department 50 of the Los Angeles Superior Court, 111North Hill Street, Los Angeles, California, for the consideration of the matters raised in the Insurance Commissioner's Motion. The Court will consider the relief requested by the Insurance Commissioner, including, but not limited to the requests for an order or orders which:
settles and approves the final accounting of the Insurance Commissioner;
affirms the distribution of Covanta shares pro rata to all unpaid creditors, on such schedule as may be devised in connection with the hearing;
settles the final accounts of the Insurance Commissioner and discharges the Insurance Commissioner as Trustee and as Liquidator as to the accounts;
authorizes the closing of the Mission National Insurance Company case, subject to this Court's continuing jurisdiction should further unanticipated collections be received after the date of closing, which will necessitate a further distribution;
authorizes the Insurance Commissioner to take such steps as are necessary and appropriate to close the proceedings by the final date set by the Court;
discharges the Liquidator and Trustee, and the Insurance Commissioner as well as the Conservation and Liquidation Office, its employees and agents, and the Liquidator and Trustee's agents, employees, attorneys and deputies.
authorizes the Trustee to maintain the records of Mission Insurance Company Trust and Mission National Insurance Company Trust for three years, after which such records may be destroyed in the Trustee's discretion;
enter an order that the Trustee and Liquidator, the Conservation and Liquidation Office, the California Department of Insurance and their officers, employees, deputies, agents and attorneys, shall have no liability of any kind or nature arising from the activities prior to or during the liquidation of Mission Insurance Company and the Mission Insurance Company Trust, Mission National Insurance Company and the Mission National Insurance Company Trust;
authorizes the Insurance Commissioner to immediately destroy a group of old computer data tapes no longer used by the trusts but kept in storage at trust expense; and
to implement document retention policies which permit the eventual destruction of such other records as the Insurance Commissioner may determine appropriate; and
makes such other related orders regarding the closing of the cases as the Court may determine appropriate, including any instructions as to closing matters such as matters relating to Covanta.
In connection with this motion, the Court is advised that the Insurance Commissioner will request that the trusts remain open for the collection of such additional funds and distributions as may be received by the Trusts for a period of some years after the Order. The Insurance Commissioner will request the Court to retain jurisdiction over these proceedings, and enter an order closing these proceedings, subject to re-opening these proceedings for a subsequent further distribution. In connection with the closing procedures, the Insurance Commissioner will request that this Court authorize the Insurance Commissioner to authorize the withholding of a substantial reserve from the early 2006 distribution, in order to ensure that all contingencies are adequately reserved against. The Insurance Commissioner anticipates a further distribution will be required, in some years, for which this Court is requested to retain continuing jurisdiction. The Court will consider the Insurance Commissioner's requested relief and reserve and whether to make orders respecting approving this relief and reserve.
The Court may also consider such other motions relating to closing as are presented at the hearing on December 30, 2005.
The Court authorizes publication of the order setting the final distribution motion in national publications and California newspapers, as well as the Insurance Commissioner's website. The Court approves expenditure of the costs involved in such publications, estimated to exceed three hundred thousand dollars ($300,000).
Any response or opposition, with supporting evidence, as to the Motion shall be filed on or before December 16, 2005, and a copy of such response or opposition shall be served by expedited service upon the service list. The Insurance Commissioner shall file any replies and supporting evidence on or before December 23, 2005, and shall serve a copy of such replies by expedited service on the service list.
On or before November 30, 2005, the Insurance Commissioner shall file a motion regarding the approval of a final accounting referenced in paragraph l(a) above, with supporting evidence, and shall serve a copy of such motion by expedited service upon the service list. Any response or opposition, with supporting evidence, to said motion shall be filed on or before December 16, 2005, and a copy of such response or opposition shall be served with expedited service upon the service list. The Insurance Commissioner shall file any replies, with supporting evidence, on or before December 23, 2005, and a copy of such response or opposition shall be served with expedited service upon the service list.
Covanta has raised issues in its Opposition to the Motion that Covanta and the Insurance Commissioner are attempting to resolve. If these issues are not resolved by the parties, Covanta intends to present the issues to the Court for resolution. Nothing in this Order shall prejudice Covanta's ability to present these issues to the Court in an appropriate manner for proper resolution. Accordingly, notwithstanding anything above, a further status conference is set for December 9, 2005 at 8:30 a.m. in Department 50, and Covanta and the Insurance Commissioner shall file a joint status report on December 7, 2005. If the parties do not resolve through discussion the issues Covanta asserts, and Covanta believes presenting these issues to the Court in an adequate manner for resolution will require proceedings beyond December 30, 2005, Covanta shall (i) identify the issues, (ii) the proceedings it believes are necessary to adequately present the issues for resolution (including discovery, if any), (iii) the time frame it believes will be necessary for the Court to resolve the issues, and (iv) the extent to which the above relief and orders the Insurance Commissioner intends to seek from the Court (set forth in paragraphs l(a) through l(k) above) could nonetheless be granted on December 30, 2005 without prejudicing the adequate presentation of said issues by Covanta to the court for resolution. The Commissioner may set forth his contrary position on such matters to the extent the Commissioner disagrees with Covanta's position regarding timing and procedures for resolution of said issues and the matter should be presented to the Court at the status conference set for December 9, 2005.
PROOF OF SERVICE: By Mail
(Code Civ. Proc., §§ 1013, 2015.5)
STATE OF TEXAS, COUNTY OF DALLAS.
I am employed in the County of Dallas, State of Texas. I am over the age of 18 and not a party to the within action; my business address is 625 West Centerville Road, Suite 110, Street, Garland, Texas 75041.
On this day, I served the foregoing documents described Notice of Entry of Order Granting Motion to Authorize Closing Procedures by placing a copy thereof enclosed in sealed envelopes addressed as follows:
Sent via Federal Express
See Attached Exhibit "A"
I am readily familiar with my employer's practices of collection and processing correspondence for mailing with Federal Express and the above-referenced correspondence will be deposited with Federal Express on the same date as stated below, following ordinary course of business.