15
MAY
2023

What do I need to provide in response to Part 5 of the POC regarding litigation?

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If a complaint was filed against O-I in the tort system prior to the Petition Date, the claimant must submit:

  1. The complaint cover sheet and portions of the complaint that provide the docket number, date of filing, and show that O-I was named as a defendant,
  2. Proof of service of the complaint on the necessary party (the Trust will accept an answer or other responsive pleading filed by O-I as proof of service), and
  3. Proof that the case had not been dismissed at the time of filing with the Trust.
    • Acceptable proof includes: 1) a dated copy of the case docket (via PACER or other filing system) showing that the case was not closed at the time of filing with the Trust, or 2) documentation from a court showing that the case was active at the time of filing with the Trust.
    • The Trust will not accept affidavits or certifications by counsel as proof that a case was not dismissed at the time of filing with the Trust.

Please contact Claimant Relations with any additional questions regarding specific documentation required by the Trust. claimantrelations@delcpf.com or 1-800-708-8925.

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