Volume 48, Issue 2- February 2013


Circuit Court of Appeals Denies
Vitro’s Request for Reconsideration

A judge for the Fifth Circuit Court of Appeals in New Orleans denied Vitro’s motion for “en banc” consideration of the court’s decision affirming an original ruling denying Vitro SAB’s use of a Mexican bankruptcy restructuring plan in the U.S. En banc consideration would have provided for a review of the case by a panel of judges. The decision to deny the motion was entered December 28 by U.S. circuit judge Carolyn Dineen King.

“No member of the panel nor judge in regular active service of the court [has] requested that the court be polled on rehearing En Banc,” writes King in her denial.

In addition, Vitro had motioned for reconsideration of an order by the court that vacated the temporary restraining order entered by the U.S. Bankruptcy Court for the Northern District of Texas, where Vitro’s case has been under review. The court has denied that motion as well.

The court also issued a revised public opinion “affirming in all respects the judgment of the district court affirming the order of the bankruptcy court in No. 12-10542, and [affirming] the order of the bankruptcy court in Nos. 12-10689 and 12-10750.”

“The temporary restraining order originally entered by the bankruptcy court, the expiration of which was stayed by this court, is vacated, effective December 14, 2012,” writes the court.

Vitro officials had argued that the case deserved reconsideration “because it has wide-reaching implications for international cooperation in insolvency proceedings and for the United States’ role as a leading commercial and legal center in the global marketplace.”

In response to the rulings, company spokesperson Roberto Riva Palacio says Vitro plans to “vigorously pursue a petition for writ of certiorari to the U.S. Supreme Court so that the highest court in the United States can ultimately weigh in on Vitro’s petition for enforcement of its Mexican-approved restructuring plan. Mexican restructuring law has been recognized and enforced in the U.S. without exception, and we believe it to be of the utmost importance, for the sake of all international bankruptcy processes, that the Mexican Concurso continue to be fully recognized by U.S. courts.”

Iron Workers, CBO Glass Case Dismissed
The Trustees of the Iron Workers Local Union No. 5 and Iron Workers Employers Association, Employees Pension Trust and CBO Glass have jointly filed a stipulation for dismissal of a case in which the Trustees alleged that CBO had failed to pay the Trustees of the Iron Workers Local Union No. 5 and Iron Workers Employees Association, according to court documents. The Trustees had claimed that CBO failed to make payments to the group from November 2011 to March 2012 for a total of about $157,000 in the suit, filed last May.

The two previously had advised the U.S. District Court for the District of Maryland that they were in settlement negotiations and requested to reschedule a court-scheduled settlement conference for February 1.

“ … the parties have been actively engaged in settlement negotiations on their own and are optimistic that they can reach an agreement without the necessity and expense of a settlement conference,” wrote the parties in a joint motion. “They accordingly request that this court postpone the currently scheduled settlement conference. If the parties are not able to resolve the matter, they will contact the court to reschedule the settlement conference or, no later than February 1, 2013, file a status report with the court.” This is one of two cases pending against CBO Glass, the assets of which were acquired by Quebec-based Gamma International last August. Last March, the International Painters and Allied Trades Industry Pension Fund filed suit against the company and two of its officials, Gilbert DiMaio, president and CEO, and Paul F. Hogan, principal, alleging that they “failed to pay amounts due under the Labor Contracts, Trust Agreements and Plan.” The court has not yet ruled on a motion to dismiss filed by DiMaio and Hogan last summer.

Counsel for neither the Trustees nor CBO had responded to requests for comment on the settlement at press time.

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