213 B.R. 809 | E.D. Va. | 1997
MEMORANDUM
This matter is before the Court on the motion of Daikon Shield Claimant Shirley J. Evans (“Evans”) to reinstate her Daikon Shield claim. Evans’ claim was disallowed by the Daikon Shield Claimants Trust (the “Trust”) after she failed to respond to the Trust’s December 12, 1995 settlement offer by the May 1, 1996 deadline. For the reasons which follow, the Court will deny Evans’ motion.
I.
In In re A.H. Robins Co. (Mantush v. Dalkon Shield Claimants Trust), 197 B.R. 493 (E.D.Va.1994), this Court determined that the setting of certain deadlines, and the subsequent disallowance of claims for failure to meet a deadline, is a day-to-day operation of the Trust over which the Court lacks jurisdiction. Id. at 494. Accordingly, this Court held that in order to obtain relief from this type of decision which is committed to the discretion of the Trust, a “movant must show facts or issues that elevate the matter above the level of ordinary operations.” Id.; see also In re A.H. Robins Co. (Shukis v. Dalkon Shield Claimants Trust), 175 B.R. 204, 208, 211 (Bankr.E.D.Va.1994); In re A.H. Robins Co. (Almalich v. Dalkon Shield Claimants Trust), 197 B.R. 485, 487 (E.D.Va.1994).
II.
The record in this ease reflects that Evans received legally adequate notice of the May 1, 1996 deadline and the consequences
Pursuant to Federal Rule of Civil Procedure 63 and Bankruptcy Rule 9028, this matter is before The Honorable Richard L. Williams. The Court certifies that the regularly presiding judge is unable to proceed, that the Court is familiar with the record, and that proceedings in this matter without prejudice to the parties.