garlock sealing technologies llc, et al., fourteenth … · mwh: 10008.001; 00233627.17 background...

MWH: 10008.001; 00233627.17

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

(Charlotte Division)

In re: ) Case No. 10-31607 ) GARLOCK SEALING TECHNOLOGIES LLC, et al., ) Chapter 11 )

Debtors. ) Jointly Administered

FOURTEENTH INTERIM APPLICATION OF MOON WRIGHT & HOUSTON, PLLC FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES

FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH JANUARY 31, 2016

Name of Applicant: Moon Wright & Houston, PLLC Authorized to Provide Professional Services to: Official Committee of Asbestos Personal Injury Claimants Date of Retention: July 1, 2010 Period for which compensation and reimbursement is sought: October 1, 2015 through January 31, 2016

Amount of compensation sought as actual, reasonable, and necessary: $35,913.00 Amount of expense reimbursement sought as actual, reasonable and necessary: $ 1,389.35 Total amount of compensation and Expense reimbursement sought: $37,302.35

This is a: ____ monthly X interim ____ final application

Date Filed Period Covered Requested Fees Expenses

Approved Fees Expenses

08/03/11 04/11/11 – 07/31/11 $90,465.00 5,826.99 $90,465.00 5,826.99 01/16/12 08/01/11 – 12/31/11 $113,046.00 $7,666.35 $113,046.00 $7,666.35 05/15/12 01/01/12 – 04/30/12 $138,125.00 $7,831.65 $138,125.00 $7,831.65 12/12/12 05/01/12 – 08/31/12 $95,390.00 $5,010.03 $95,390.00 $5,010.03 01/10/13 09/01/12 – 12/31/12 $79,837.50 $2,285.23 $79,837.50 $2,285.23 05/06/13 01/01/13 – 04/30/13 $93,222.50 $5,189.10 $93,222.50 $5,189.10 09/10/13 05/01/13 – 08/31/13 $291,253.00 $15,558.74 $291,253.00 $15,558.74 01/09/14 09/01/13 – 12/31/13 $91,262.50 $3,643.66 $91,262.50 $3,643.66 05/12/14 01/01/14 – 04/30/14 $134,902.00 $5,198.52 $134,902.00 $5,198.52 09/04/14 05/01/14 – 09/30/14 $201,327.00 $4,408.07 $201,327.00 $4,408.07 01/20/15 10/01/14 – 12/31/14 $107,010.00 $1,615.47 $107,010.00 $1,615.47 06/19/15 01/01/15 – 05/31/15 $113,687.00 $1,760.37 $113,687.00 $1,760.37

Case 10-31607 Doc 5455 Filed 08/10/16 Entered 08/10/16 15:45:06 Desc Main Document of 6

MWH: 10008.001; 00233627.17



In re: ) Case No. 10-31607 ) GARLOCK SEALING TECHNOLOGIES LLC, et al.,1 ) Chapter 11 )


FOURTEENTH INTERIM APPLICATION OF MOON WRIGHT & HOUSTON, PLLC FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES

FOR THE PERIOD FROM OCTOBER 1, 2015 THROUGH JANUARY 31, 2016

Moon Wright & Houston, PLLC (“MWH”) submits this Fourteenth Interim Application

for Allowance of Compensation and Reimbursement of Expenses for professional services

rendered as local co-counsel for the Official Committee of Asbestos Personal Injury Claimants

(the “Application”) for the period October 1, 2015 through January 31, 2016 (the “Interim

Period”) pursuant to sections 330 and 331 under title 11 of the United States Code, 11 U.S.C. §§

101 et seq. (the “Bankruptcy Code”) and Rule 2016 of the Federal Rules of Bankruptcy Procedure

(the “Bankruptcy Rules”) and this Court’s Administrative Order under 11 U.S.C. §§ 105(a) and

331 Establishing Procedures for Interim Compensation and Reimbursement of Expenses for

Professionals entered July 15, 2010 [docket no. 233] (the “Fee Procedure Order”).

By this Application, MWH hereby requests that this Court award it reasonable

compensation for the Interim Period for professional services rendered as local co-counsel to the

Official Committee of Asbestos Personal Injury Claimants (the “ACC”) in the amount of

$35,913.00, together with reimbursement for actual and necessary expenses incurred in the

amount of $1,389.35 for a total of $37,302.35. In support of this Application, MWH respectfully

represents and states as follows:

1 The Debtors include Garlock Sealing Technologies LLC, Garrison Litigation Management Group, Ltd. and The Anchor Packing Company.


MWH: 10008.001; 00233627.17

BACKGROUND

1. The Court has jurisdiction over this Application pursuant to 28 U.S.C. §§ 157 and

1334. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2).

2. The law firm of Hamilton Moon Stephens Steele & Martin, PLLC was retained to

represent the ACC as local co-counsel pursuant to Order entered on August 6, 2010 [docket no.

314]. MWH was authorized to substitute Hamilton Moon Stephens Steele & Martin, PLLC as

local co-counsel to the ACC in connection with these chapter 11 cases pursuant to an Order

entered by this Court on April 21, 2011 [docket no. 1287].

3. Pursuant to the Fee Procedure Order, professionals may request monthly

compensation and reimbursement. Such requests are to be served on certain identified interested

parties for review. If no objection is received within ten (10) days of such request the Debtors

are authorized to pay 90% of the fees and 100% of the expenses requested. The Fee Procedure

Order also requires each retained professional to file, approximately every four months, an

application for interim Court approval and allowance of 100% of the compensation and

reimbursement expenses for the prior four months pursuant to section 331 of the Bankruptcy

Code

COMPENSATION RECEIVED DURING INTERIM PERIOD

4. All services for which MWH requests compensation were performed for or on

behalf of the ACC. During the Interim Period, MWH has served its monthly fee requests upon

certain interested parties for review as directed by the Fee Procedure Order.

Date of Request Period Covered Requested Fees Expenses

Payment Received

05/09/11 04/09/11 – 05/02/11 $28,694.00 $1,938.20 $27,762.80 06/03/11 05/02/11 – 05/31/11 $33,662.50 $2,446.25 $32,742.50 07/08/11 06/01/11 – 06/30/11 $15,750.50 $238.33 $14,413.78 08/03/11 07/01/11 – 07/31/11 $12,358.00 $1,204.21 $12,326.41 09/07/11 08/01/11 – 08/31/11 $22,405.50 2,964.45 $23,129.40 10/06/11 09/01/11 – 09/30/11 $9,147.50 $445.03 $8,677.78 11/04/11 10/01/11 – 10/31/11 $28,118.50 $965.75 $26,272.40 12/06/11 11/01/11 – 11/30/11 $19,892.00 $2,917.02 $20,819.82


MWH: 10008.001; 00233627.17

01/09/12 12/01/11 – 12/31/11 $33,482.50 $374.10 $30,508.35 02/08/12 01/01/12 – 01/31/12 $35,045.00 $1,299.68 $32,840.18 03/07/12 02/01/12 – 02/29/12 $32,337.50 $3,325.58 $32,429.33 04/10/12 03/01/12 – 03/31/12 $36,382.50 $1,223.48 $33,967.73 05/10/12 04/01/12 – 04/30/12 $34,360.00 $1,982.91 $32,906.91 06/07/12 05/01/12 – 05/31/12 $26,407.50 $590.20 $24,356.95 07/03/12 06/01/12 – 06/30/12 $18,325.00 $240.42 $16,732.92 08/07/12 07/01/12 – 07/31/12 $19,110.00 $614.74 $17,813.74 08/31/12 08/01/12 – 08/29/12 $31,547.50 $3,564.67 $31,957.42 10/08/12 08/30/12 – 09/30/12 $ 7,512.50 $1,000.58 $7,761.83 11/07/12 10/01/12 – 10/31/12 $20,840.00 $356.31 $19,112.31 11/30/12 11/01/12 – 11/29/12 $20,500.00 $12.05 $18,462.05 01/07/13 11/30/12 – 12/31/12 $30,985.00 $916.29 $28,802.79 02/08/13 01/01/13 – 01/31/13 $23,432.50 $1,304.11 $22,393.36 03/06/13 02/01/13 – 02/28/13 $11,112.50 $978.63 $10,979.88 04/04/13 03/01/13 – 03/31/13 $19,182.50 $118.65 $17,382.90 05/06/13 04/01/13 – 04/30/13 $39,495.00 $2,787.71 $38,333.21 06/06/13 05/01/13 – 05/31/13 $33,042.00 $1,897.12 $31,634.92 07/09/13 06/01/13 – 06/30/13 $54,415.00 $2,096.06 $51,069.56 08/08/13 07/01/13 – 07/31/13 $138,033.50 $8,926.62 $133,156.77 09/10/13 08/01/13 – 08/31/13 $65,762.50 $2,638.94 $61,825.19 10/03/13 09/01/13 – 09/30/13 $25,437.50 $1,586.93 $24,480.68 11/06/13 10/01/13 – 10/31/13 $25,997.50 $322.01 $23,716.76 11/26/13 11/01/13 – 11/25/13 $21,080.00 $1,380.79 $20,352.79 01/09/14 11/26/13 – 12/31/13 $18,747.50 $353.93 $17,226.68 02/05/14 01/01/14 – 01/31/14 $35,412.50 $855.54 $32,726.79 03/05/14 02/01/14 – 02/28/14 $19,190.00 $1,658.23 $18,929.23 04/03/14 03/01/14 – 03/31/14 $38,517.50 $1,190.74 $35,856.49 05/12/14 04/01/14 – 04/30/14 $41,782.00 $1,494.01 $39,097.81 06/10/14 05/01/14 – 05/31/14 $57,298.50 $1,826.01 $53,394.66 07/07/14 06/01/14 – 06/30/14 $42,684.50 $861.58 $39,277.63 08/05/14 07/01/14 – 07/31/14 $69,998.00 $1,185.28 $64,183.48 09/03/14 08/01/14 – 08/31/14 $31,346.00 $535.20 $28,746.60 10/07/14 09/01/14 – 09/30/14 $26,521.50 $581.45 $24,450.80 11/07/14 10/01/14 – 10/31/14 $26,698.50 $337.77 $24,366.42 12/02/14 11/01/14 – 11/30/14 $39,129.50 $152.86 $35,369.41 01/15/15 12/01/14 – 12/31/14 $14,660.50 $543.39 $13,737.84 02/13/15 01/01/15 – 01/31/15 $32,767.00 $657.46 $30,147.76 03/10/15 02/01/15 – 02/28/15 $30,440.00 $140.37 $27,536.37 04/14/15 03/01/15 – 03/31/15 $29,946.50 $503.18 $20,721.68 05/06/15 04/01/15 – 04/30/15 $9,582.50 $266.85 $8,891.10 06/16/15 05/01/15 – 05/31/15 $10,951.00 $192.51 $10,048.41 07/14/15 06/01/15 – 06/30/15 $18,145.00 $326.66 $16,657.16 08/11/15 07/01/15 – 07/31/15 $7,203.50 $ 78.28 $12,145.43 09/09/15 08/01/15 – 08/31/15 $4,850.00 N/A $4,365.00 10/08/15 09/01/15 – 09/30/15 $19,180.00 $ 95.66 $17,357.66 11/11/15 10/01/15 – 10/31/15 $11,794.00 $276.05 $2,595.35 01/11/16 11/01/15 – 12/31/15 $20,397.50 $750.94 $19,108.69 02/10/16 01/01/16 – 01/31/16 $3,721.50 $362.36 $3,711.71


MWH: 10008.001; 00233627.17

SERVICES RENDERED

5. Attached hereto as Exhibit A are detailed descriptions of the services performed

and expenses incurred by MWH during the Interim Period. In summary, MWH expended 63.90

hours in rendering necessary legal services involving this Chapter 11 proceeding during the

Interim Period for fees totaling $35,913.00.

6. MWH believes that its billing rates for the Interim Period for these cases, which

reflect MWH’s customary billing rates for the years 2015 and 2016 (subject to any agreed

special reduced rates for this engagement), should be deemed “reasonable billing rates” for

purposes of this Court’s determination of the “reasonableness” of the fees for services rendered.

7. Attached hereto as Exhibit B is a summary of the professionals/paraprofessionals

that have rendered services to the ACC, which includes each professional’s or paraprofessional’s

title, hourly rate, total number of hours billed and the fees billed during the Interim Period.

8. MWH believes that the services it provided to the ACC during the Interim Period

were necessary and were performed within a reasonable amount of time commensurate with the

complexity, importance and nature of the task addressed.

DISBURSEMENTS

9. MWH requests reimbursement for its actual and necessary expenses incurred

during the Interim Period totaling $1,389.35. Attached hereto as Exhibit C is MWH’s

itemization of the costs and expenses incurred on behalf of the ACC that were billed during the

Interim Period.

NOTICE 10. Notice of this Application has been given to (a) the Bankruptcy Administrator for

the Western District of North Carolina, (b) counsel for the Debtors, and (c) those parties listed on

the Master Service List.


MWH: 10008.001; 00233627.17

WHEREFORE, MWH respectfully requests that (a) MWH be allowed (i) interim

compensation of $35,913.00 as reasonable, actual and necessary professional services rendered

by it on behalf of the ACC during the Interim Period and (ii) interim reimbursement of expenses

incurred during the Interim Period of $1,389.35 as reasonable, actual and necessary; (b) the

Debtors be authorized and directed to pay MWH the amount of $37,302.35, which is equal to the

sum of 100% of MWH’s allowed interim compensation and 100% of MWH’s allowed expense

reimbursement for the Interim Period, less all previous payments received pursuant to the Fee

Procedures Order; and (c) such other relief as is just and proper.

Dated: Charlotte, North Carolina August 10, 2016

MOON WRIGHT & HOUSTON, PLLC /s/ Travis W. Moon Travis W. Moon (Bar No. 3067) 227 W. Trade Street, Suite 1800 Charlotte, North Carolina 28202 Telephone: (704) 944-6560 Local Co-Counsel for the Official Committee of Asbestos Personal Injury Claimants


Exhibit A

Case 10-31607 Doc 5455-1 Filed 08/10/16 Entered 08/10/16 15:45:06 Desc Exhibit A Page 1 of 11

MWH: 10008.001; 00233627.17

EXHIBIT B

PROFESSIONALS/PARAPROFESSIONALS INCLUDED IN THIS APPLICATION

October 1, 2015 through January 31, 2016

Name Title Hourly Rate Total Hours Amount Travis W. Moon Partner $675.00 35.70 $24,097.50 Richard S. Wright Partner $500.00 18.90 $9,450.00 Andrew T. Houston Partner $425.00 2.80 $1,190.00 John C. Woodman Associate $235.00 .10 $23.50 Shannon L. Myers Paralegal $180.00 6.40 $1,152.00

Case 10-31607 Doc 5455-2 Filed 08/10/16 Entered 08/10/16 15:45:06 Desc Exhibit B Page 1 of 1

MWH: 10008.001; 00233627.17

EXHIBIT C

EXPENSE SUMMARY

Expense Category Total Expense Meals $255.00 FedEx $444.18 Copies $264.00 Lexis Research $ 37.85 Postage $ 47.56 Long Distance $187.17 Pacer $118.60 Transportation $ 34.99 TOTAL $1,389.35

Case 10-31607 Doc 5455-3 Filed 08/10/16 Entered 08/10/16 15:45:06 Desc Exhibit C Page 1 of 1

MWH: 10008.001; 00234301.1



In re: ) Case No. 10-31607 ) GARLOCK SEALING TECHNOLOGIES LLC, et al.,1 ) Chapter 11 )


CERTIFICATE OF SERVICE

I hereby certify that copies of the Fourteenth Interim Application for Allowance of

Compensation and Reimbursement of Expenses for the Period from October 1, 2015 through

January 31, 2016 and Notice of Opportunity for Hearing were served on the parties listed on

the attached Master Service List by the United States Postal Service on August 10, 2016.

Dated: Charlotte, North Carolina August 10, 2016

MOON WRIGHT & HOUSTON, PLLC /s/ Travis W. Moon Travis W. Moon (Bar No. 3067) 227 West Trade Street, Suite 1800 Charlotte, North Carolina 28202 Telephone: (704) 944-6560 Local Co-Counsel for the Official Committee of Asbestos Personal Injury Claimants

1 The Debtors include Garlock Sealing Technologies LLC, Garrison Litigation Management Group, Ltd. and The Anchor Packing Company.

Case 10-31607 Doc 5455-5 Filed 08/10/16 Entered 08/10/16 15:45:06 Desc Certificate of Service Page 1 of 3

MWH: 10008.001; 00228530.1

H M Cross & Sons, Inc. Attention: Paul Harrison 50 Ridgeland Road Rochester, NY 14623-3112

Internal Revenue Service P.O. Box 7346 Philadelphia, PA 19101-7346

United States Attorney Office Attn: Civil Division 227 West Trade Street, Suite 1650 Charlotte, NC 28202

Associated Spring Business of Barnes Group ATTN: Joel Rafaniello 80 Scott Swamp Road Farmington, CT 06032

Linda Boyle TW Telecom Inc. 10475 Park Meadows Dr., #400 Littleton, CO 80124

Revstone Casting Fairfield, LLC 905 W. Depot Avenue Fairfield, Iowa 52556

Securities & Exchange Commission Atlanta Regional Office Office of Reorganization 950 E. Paces Ferry Road, N.E., Suite 900 Atlanta, GA 30326-1382

John Koeberle c/o Peter Kraus Waters & Kraus, LLP 3219 McKinney Ave. Dallas, TX 75204

Bruce J. Ruzinsky D. Elaine Conway Jackson Walker LLP 1401 McKinney Street, Suite 1900 Houston, TX 77010

NY State Department of Taxation and Finance P.O. Box 5300 Albany, NY 12205-0300

Robert Wirwicz c/o Garrett Bradley Thornton & Naumes, LLP 100 Summer Street Boston, MA 02110

Julie Deary Union Representative 1666 Division street Palmyra, NY 14522

Niagra Bank c/o William B. Schiller Schiller & Knapp, LLP 950 New Loudon Road Latham, NY 12110

NC Department of Revenue P.O. Box 1168 Raleigh, NC 27602

MICHAEL S. DAVIS JANTRA VAN ROY ZEICHNER ELLMAN & KRAUSE LLP 1211 AVENUE OF THE AMERICAS 40TH FLOOR NEW YORK, NY 10036

Solvay Solexis Inc. Attention: Nezelia Sosa 3333 Richmond Avenue Houston, TX 77098

Madonna Guzzo c/o John Lipsitz Lipsitz & Ponterio, LLC 135 Delaware Ave., 5th Floor Buffalo, NY 14202

Joseph M. Snyder Corporate General Counsel Widewaters Hotels, LLC 5786 Widewaters Pkwy, Suite 3 Dewitt, NY 13214

Elizabeth Barry Garlock Sealing Technologies Garrison Litigation Management Group

349 West Commercial Street, Suite 3050 East Rochester, NY 14445

Charles & Loretta Willis c/o David Greenstone Simon, Eddins & Greenstone 3232 McKinney Ave, Suite 610 Dallas, TX 75204

SGL Carbon, LLC Attn: Tim Brown 10130 Perimeter Parkway, Suite 500 Charlotte, NC 28216

Stephen C. Embry Embry and Neusner PO Box 1409 Groton, CT 06340

Andrew J. Kelly Wylder Corwin Kelly LLP 207 E. Washington, Suite 102 Bloomington, IL 61701

Excellus Blue Cross Blue Shield c/o Wendy A. Kinsella Harris Beach, PLLC 333 W. Washington Street, Suite 200 Syracuse, NY 13202

ROMAINE S. SCOTT, III SCOTT & SCOTT LAW, LLC POST OFFICE BOX 1248 FAIRHOPE, ALABAMA 36533

Justin S. Alex Pension Benefit Guaranty Corporation Office of the Chief Counsel 1200 K Street, N.W., Suite 340 Washington, DC 20005-4026


MWH: 10008.001; 00228530.1

Joseph Kots Commonwealth of Pennsylvania Dept. of Labor & Industry Reading Bankruptcy & Compliance 625 Cherry Street, Room 203 Reading, PA 19602-1152

XIAOWEN QIAN COVINGTON & BURLING LLP One City Center 850 Tenth Street, NW

Washington, DC 20001-4956


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