According to the U.S. Bankruptcy Court docket, Sherwin Alumina Company filed a motion to expedite consideration of its (1) motion for entry of an order dismissing Noranda Bauxite’s Chapter 11 case and (2) motion for leave to pursue withdrawal of reference and transfer of venue and establishing certain discovery deadlines with respect to the rejection motion and motion to dismiss.
The motion explains, “Before this Court rules on the Rejection Motion, it should first consider – on an expedited basis – whether to dismiss NBL’s bankruptcy case pursuant to the Motion to Dismiss or, in the alternative, whether cause exists for the District Court to withdraw the reference and transfer the Rejection Motion proceeding to the Texas Bankruptcy Court. Resolving the Motions prior to hearing the Rejection Motion will foster an efficient resolution of this case and avoid needless duplicative litigation. Accordingly, and to avoid causing undue delay, Sherwin respectfully requests that the Court schedule expedited hearings on the Motions and entertain their merits on its earliest available date after Monday, March 14, 2016, but, in any event, no later than March 21, 2016.”
The motion explains, “Furthermore, to date, NBL has obstructed Sherwin’s efforts to obtain the information and documents necessary for Sherwin to prosecute its forthcoming objection to the Rejection Motion as well as its own Motion to Dismiss. Sherwin needs access to this information prior to any further briefing or hearing on these pending matters. Accordingly, Sherwin further requests this Court to set an expedited deadline for NBL to comply with Sherwin’s reasonable discovery requests related to NBL’s Rejection Motion and Sherwin’s Motion to Dismiss….With this Court’s hearing on the Rejection Motion fast approaching, Sherwin needs access to the pertinent information in NBL’s possession to permit Sherwin a reasonable opportunity to respond.”
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