Allied Systems Holdings, Inc., et al. / Case No. 12-11564 (CSS) Debtors. In connection with their Joinder of Dale and Tonia Woudstra 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, they move to shorten notice and expedite hearing. In support of this Motion to Shorten, Mr. And
Allied Systems Holdings, Inc., et al. / Case No. 12-11564 (CSS) Debtors. In connection with their Joinder of Dale and Tonia Woudstra 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, they move to shorten notice and expedite hearing. In support of this Motion to Shorten, Mr. And
Allied Systems Holdings, Inc., et al. / Case No. 12-11564 (CSS) Debtors. In connection with their Joinder of Dale and Tonia Woudstra 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, they move to shorten notice and expedite hearing. In support of this Motion to Shorten, Mr. And
FOR THE DISTRICT OF DELAWARE Chapter 11 (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., et al./ Case No. 12-11564 (CSS) Debtors. Re: Docket Nos. 425,453 Hearing Date: To be determined Ob'ection Deadline: To be determined MOTION OF DALE AND TONIA WOUDSTRA TO SHORTEN NOTICE PURSUANT TO DEL. BANKR. L.R. 9006-1 AND TO EXPEDITE HEARING IN CONNECTION WITH THE JOINDER OF DALE AND TONIA WOUDSTRA 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 Dale Woudstra ("Mr. Woudstra") and Tonia Woudstra ("Mrs. Woudstra"), by and through their undersigned counsel, hereby move (the "Motion to Shorten") to shorten notice and expedite the hearing in connection with their Joinder of Dale and Tonia Woudstra 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. 453] filed on September 24, 2012. In support of this Motion to Shorten, Mr. and Mrs. Woudstra state as follows: JURISDICTION 1. This Court has jurisdiction over this Motion to Shorten pursuant to 28 U.S.C. 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). 5719960/ 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). 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. and Mrs. Woudstra's Joinder Motion, a true and correct copy of which is attached hereto as Exhibit l, Mr. Woudstra was injured in a Collision 2 on or about October 7, 2010, and Mrs. Woudstra has suffered a loss of consortium as a result of the Collision. 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. 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. and Mrs. Woudstra 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 was set for September 21, 2012 at 4:00 p.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. and Mrs. Woudstra' s request for 2 Capitalized terms not otherwise defmed herein shall have the meaning ascribed to them in the Joinder Motion. 5719960/ 2 I relief from the automatic stay in their Joinder Motion. 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. and Mrs. Woudstra respectfully submit that shortening the notice and expediting the hearing with respect to their 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. and Mrs. Woudstra'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. and Mrs. Woudstra respectfully request that the deadline to object to the Joinder Motion be set for September 25, 2012 at 4:00 p.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 5719960/ 3 with the Stay Relief Motion. NOTICE TO BE PROVIDED 11. While Mr. and Mrs. Woudstra respectfully submit that the relief they seek would result in the greatest judicial economy and the least potential sacrifice for parties in interest if they are awarded expedited consideration, Mr. and Mrs. Woudstra 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. and Mrs. Woudstra are 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) counsel to the Official Committee ofUnsecured Creditors. [The remainder of this page has intentionally been left blank] 5719960/ 4 WHEREFORE, Mr. and Mrs. Woudstra respectfully request 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. and Mrs. Woudstra such other and further relief as the Court deems just and proper. Dated: September 24, 2012 5719960/ 5 Eric J. Monzo (DE Bar No. 5214) Courtney R. Hamilton (DE Bar. No. 5432) 500 Delaware A venue, Suite 1500 Wilmington, Delaware 19801 Telephone: (302) 888-6800 Facsimile: (302) 571-1750 E-mail: emonzo@morrisjames.com chamilton@morrisjames.com Counsel for Dale and Tonia Woudstra EXHIBIT 1 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 DALE AND TONIA WOUDSTRA 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) Dale Woudstra ("Mr. Woudstra") and his wife, Tonia Woudstra ("Mrs. Woudstra"), by and through their undersigned counsel, hereby move, joins in (the "Joinder"), and adopt 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. and Mrs. Woudstra state as follows: JURISDICTION 1. This Court has jurisdiction over this Motion pursuant to 28 U.S.C. 157 and 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). 5720909/ 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). 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. Woudstra was in a line of six vehicles stopped in a construction zone on Iowa Highway 75 facing north, in the County of Plymouth, State of Iowa. Mr. Woudstra had halted his vehicle - a 2001 Chevrolet Impala - 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. Woudstra (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 of the Semi Truck. 7. As a result of the Collision, Mr. Woudstra suffered a large head laceration, a 5720909/ 2 fractured right wrist, a fractured right elbow, five broken ribs on his left side, a severely fractured humerus, numerous smaller cuts, abrasions, and brusies, and his right ear was cut in half horizontally. 8. Mrs. Woudstra has suffered a loss of consortium as a result of the effects of the Collision on Mr. Woudstra? 9. Upon information and belief, at the time of the Collision, the Debtors had insurance policies in place which provided coverage for the injuries and/or damage suffered by Mr. and Mrs. Woudstra 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. 10. 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]. 2 For the avoidance of any doubt, the arguments set forth in the Relief From Stay Motion regarding jurisdiction under 28 U.S.C. 157(b)(5) for personal injury claims apply to claims for loss of consortium. See, e.g., Estate of Mezvinsky v. Roche Holding AG (In re Shubert), 157 F. Supp.2d 542, 547 n.6 (E.D. Pa. 2001) (remarking that case comprised of, inter alia, a claim for loss of consortium, would likely "qualify as a personal injury tort which under 157(b)(5) must be tried in the district court."); see also In re Pac. Gas & Elec. Co., 279 B.R. 561, 563 n.l (Bankr. N.D. Cal. 2002) (disagreeing with the argument that claims relating to loss of consortium were not personal injury claims); In re Todd Shipyards Corp., 92 B.R. 600, 604 (Bankr. D.N.J. 1988) (noting that, were the automatic stay to remain in effect, "the actual trial of this personal injury tort claim"- which included a claim by an alleged slip and fall victim's wife for loss of consortium - "cannot take place in the bankruptcy court" and citing 28 U.S.C. 157(b)(5) in support ofthis observation). 5720909/ 3 RELIEF REQUESTED 11. By this Motion, Mr. and Mrs. Woudstra seek relief from the automatic stay to pursue claims (the "Claims") arising in and from the Collision 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 12. Mr. Woudstra and Mrs. Woudstra, parties injured in and affected by the Collision, seek relief from the automatic stay pursuant to 11 U.S.C. 362(d)(l) to pursue their claims against the relevant Debtor(s), third-party defendant David Allen Anderson, and the Debtors' insurance company, and, in support of this relief, join in and adopt the arguments made in the Stay Relief Motion. 13. If stay relief is appropriate for the Stay Movants, fairness and judicial economy dictate that it should also be granted to Mr. and Mrs. Woudstra to pursue relief for the injuries and damages they suffered as a result of the Collision, as their 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.] 5720909/ 4 WHEREFORE, Mr. and Mrs. Woudstra join in and adopt the arguments made in the Stay Relief Motion and respectfully request that this Court enter an Order in the form attached hereto (i) granting the Mr. and Mrs. Woudstra's Motion for relief from the automatic stay to liquidate the Claims 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. and Mrs. Woudstra such other and further relief as this Court may deem just and proper. Dated: September 24, 2012 5720909/ 5 MORRIS JAMES LLP J. 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: emonzo@morrisjames.com chamilton@morrisjames.com Counsel for Dale and Tonia Woudstra POUtER PORT Plymouth County Sheriff Call#: 2010002728 Agency: SO Type: lOSOPI -10-SO PI Caller: WRUCK, BILL DOB: Address: STRUBLE 712-540-1363 Call-to: Landmark: 712-540-1363 Loc#: 04 Grid#: BARTOL Dist#: Alarm: How Reeved: Mutual Aid: N Unit Disp Arrv Clrd Dass Serv Officer !!._ ~ _PI_at_e_ #__ Tp Yr .;..Mak;;;.;.;;;.;e___ Model _Sty-.l_e ___ Colors 1 lA 464CRE PC 00 PONT ORAND PRIX 40 WHI 2 IA 316KCN PC 01 CHEVY IMPALA 4D TAN 3 lA 613CQV PC 00 DODGE INTREPID 4D GRY 4 GA U13781 TR 07 DELAVAN TL UNK 5 lA SE3860 S 06 PETERBll.T TR 6 IA 140WZF PC 97 BUICK LE SABRE 4D 7 lA 3S4FIR TK 01 CHEVY SILVERADO PK 8 MN UDU124 9 GA ICS6Y7 Narrative: PC 01 CADI DEVD..LE 40 TR 07 STERLING WHI wm BRO wm Incident#: S010002573 Date: 10/07/10 Time Rcvd: 16:28 Time Disp: 00:00 Time Arrv: 00:00 Time Clrd: 00:00 CaUOispo: Prim Off#: 1502 #Units Assign: 0 Wrecker RETIRED ISP 382 CALLED 911 AND ADVISED OF A MULTIPLE 10-SO PI AT TilE ABOVE LOCATION 1069 TO 7504 SIOUX CENTER, ORANGE CITY, MAURICE AMBULANCE AND RESCUE ASSISTED ALONG WITII LEMARS FIRE AND AMBULANCE 7501 7502 7503 1504 1505 7506 WERE ALL ON SCENE WBATHERATTHATLOCATION TEMP 77F DEW 30 WINDS SWAT 8 MPH CLEARSKYS 27/679YYS072 MELLEMA,LEE BRYANT DOB/1987..08-06 27/A-536--135-051-303 DAVID ALLEN ANDERSON DOJJ 04/19/1966 MAIL REPORTS TO: 1cwa 0fl98rlmenl or Transporlallon :..0..: Office a1 Onver Services "1r P.O. Box 9204 . Des Moines, rewa 5030&-9204 Iowa Department of Transportation INVESTIGATING OFFICERS REPORT OF MOTOR VEHICLE ACCIDENT Y.COotdlnala: 04765384
------t II Divided Highway, Route (CIIrdlnal) T.avel Oirecllon "NtA Printed At: Plymouth County Sheriffs Off 10/1312010 09:22AM Page1 Form #:.S010002S73 t. . it. ~ . . . ~ . ..
'" 'l i \ ' ' Printed At: Plymouth County Sheriff's Off 10/13/2010 08:22AM Page2 Form#: 8010002673 Printed At: Plymoulh County Sheriffs Off 1011312010 09:22AM Page3 Form#: 8010002573 ' Printed At: Plymouth County Sheriffs Off 1011312010 09:22AM Page4 Trapped 1 Unit No. of Vehlde Slliking Form#: S010D02573 D I A G R A M I'UimU:LUZIL ERIN CHRISTINE .\ .. Zip Cod& Unit No. or ventc:leSIIUting
VEHICLE'S NUMBER 2 THROUGH 7 WHERE STOPPED IN A CONSTRUCTION ZONE WAITING FOR THE PILOT ESCORT THEM THRU THE ZONE. VEHICLE #1 WAS NORTH BOUND N HIGHWAY #75 AND FAILED TO SEE THE STt)PI= 1 EDI VEHICLES STRIKING VEHICLE #2 CAUSING A CHAIN REACTION. THIS COLLJSOIN TOOK PLACE IN A CONSTRUCTION ZONE Printed At: Plymouth County Sheriff's Off 10/13/2010 09:22AM PageS Form II: 6010002573 INSURANCE POLJ<CY' Polley No. CA 094-92-79 Renewal of No. NEW CHAR Coverage is provided by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (a capital stock company) 175 Water Street, Ne'I!V York, NY 10038 (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 Cf TY, MO 64112 FORM OF BUSINESS: 1]1 CORPORATION 0 PARTNERSHIP 0 UMITED LIABILITY COMPANY 0 INDIVIDUAL 0 OTHER POLICY PERIOD: From 01/01/2010 to 01/01/2011 at 12:01 A.M. Standard Time at.yotil'-mail!ng address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO All THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POUCY . POUCY PREMIUMS: $ 1,331.515 Premium for Terrorism Coverage: Not Applicable, Coverage Rejected By Insured SCHEDULE OF STATE TAXES, FEES AND SURCHARGES, IF APPLiCABLE:* Florida HCF*** $1.00 New York $2,100.00 Texas . $69.00 *State Taxes, Fees and Surcharges shown are In addition to the above referenced Polley Premium. Florida Florida Hurricane Catastrophe Fund Surcharge ENDORSEMENTS ATTACHED TO THIS POLICY: IL QO 17 Common Polley Conditions (fL 01" 461n Washington) IL 00 21 - Broad Form Nuclear Exclusion {Not Applicable In New Yorld SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POUCY OECLARATJONS, IF APPUCABLf, TOGETHER WITH THE COMMON POUCY CONDITIONS, COVERAGE FORMS, AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY 46171 0306 . Date Issued: 0 3/29/20 1 0 CA OS 14 03 06 Includes copyrighted material of Insurance Services Offlce,lnc., with its permission. !so Inc., 2005 Page 1 of 5 In re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., eta/., 1 Case No. 12-11564 (CSS) Debtors. RE: Docket No. ORDER GRANTING MOTION OF DALE AND TONIA WOUDSTRA FOR RELIEF FROM THE AUTOMATIC STAY TO PURSUE PERSONAL INJURY CLAIMS Upon consideration of the motion of Dale and Tonia Woudstra (together, the "Woudstras") for relief from the automatic stay to pursue personal injury claims (the "Motion"); 2 the Court having reviewed the Motion and the responses thereto, if any; the Court having found that adequate notice of the Motion having been given; and after due deliberation and sufficient cause appearing therefore, it is hereby: ORDERED, that the Motion is granted; and it is further ORDERED, that the Woudstras are granted relief from the automatic stay in order to proceed in all respects with the adjudication or settlement of the Claims, including collection on any judgment entered therein or any settlement proceeds resolving the Claims; and it is further ORDERED that the fourteen (14) day stay ofthis Order prescribed by Fed. R. Bankr. P. 4001(a)(3) is waived, and this Order is effective and enforceable immediately upon entry; 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). 2 Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Motion. 5720974/ ORDERED, that the Woudstras may pursue the Debtors and any potentially responsible third parties for any claims arising out of or related to the Collision.; and it is further ORDERED, that this Court shall retain jurisdiction to adjudicate any disputes arising under or with respect to any other matters related to the implementation of this Order. Dated: , 2012 ---------------- 5720974/ The Honorable Christopher S. Sontchi United States Bankruptcy Judge In re: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE Chapter 11 (Jointly Administered) ALLIED SYSTEMS HOLDINGS, INC., eta/., 1 Case No. 12-11564 (CSS) Debtors. Re: Docket Nos. 453, __ ORDER GRANTING MOTION OF DALE AND TONIA WOUDSTRA TO SHORTEN NOTICE PURSUANT TO DEL. BANKR. L.R. 9006-1 AND TO EXPEDITE HEARING IN CONNECTION WITH THE JOINDER OF DALE AND TONIA WOUDSTRA 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 Dale and Tonia Woudstra to Shorten Notice Pursuant to Del. Bankr. L.R. 9006-1 and to Expedite Hearing in Connection With the Joinder of Dale and Tonia Woudstra 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. and Mrs. Woudstra'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); 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). 5719988/ ORDERED that the deadline for all parties to respond to Mr. and Mrs. Woudstra's Motion to Shorten is September 25,2012 at 4:00p.m. ET. Dated: September_, 2012 5719988/ The Honorable Christopher S. Sontchi United States Bankruptcy Judge