UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION - DETROIT ------------------------------------------------------------------------x : In re: : : COLLINS

& AIKMAN CORPORATION, et al., : : Debtors. : : ------------------------------------------------------------------------x

Chapter 11 Case Nos. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

ORDER ESTABLISHING PROCEDURES AND DEADLINES FOR ADVERSARY PROCEEDINGS TRACK III In the interests of justice and to expedite and facilitate the administration of these adversary proceedings as required by Fed. R. Bankr. P. 1001, the following procedures and deadlines shall apply to adversary proceedings filed by Togut, Segal & Segal, LLP where the gross amount sought in the complaint is $750,000 or more (the Adversary Proceedings). 1. The plaintiff shall serve a copy of this order with each complaint and summons. The complaints in the Adversary Proceedings shall be labeled Track III. 2. May 29, 2007. The plaintiff shall serve all Track III complaints and summonses by

3. The plaintiff shall file and serve any motions to amend the complaints by July 16, 2007. Responses to such motions shall be filed by August 3, 2007. Hearings on such motions shall be held on September 11, 2007 at 2:00 p.m. No adjournments of these hearings will be permitted. 4. The plaintiff shall file all proofs of service by June 28, 2007.

5. A hearing will be held on July 10, 2007 at 2:00 p.m. to determine whether to dismiss any Adversary Proceedings in which the plaintiff has not filed a timely proof of service showing proper service. 6. The deadline for the defendants to file and serve answers is extended to September 14, 2007. No extensions of this deadline will be granted upon

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stipulation. Because this order already extends the deadline for filing an answer under the applicable rules, any motion to further extend the deadline to answer shall be supported by an affidavit establishing extraordinary circumstances warranting relief. The Court strongly discourages the filing of a motion to dismiss under Rule 12(b)(6) in lieu of an answer. Unless the Court orders otherwise, the plaintiff shall not file a response to such a motion and no hearing will be held on such a motion. 7. The Court will promptly enter a default against any defendant who has been properly served but has not timely filed an answer. L.B.R. 7077-1 (E.D.M.) requires the plaintiff to file an application (not a motion) for default judgment, with a proposed default judgment submitted to the order submission program in cm/ecf under utilities, within 15 days after the default is entered. If the plaintiff fails to file the application for default within 30 days from the entry of the default, the complaint will be dismissed without a hearing. 8. Discovery shall be concluded by March 15, 2008 (the Discovery Cutoff Date). The parties shall not file a Rule 26(f) conference report, and no initial status conference will be held. Absent notification to the Court of settlement pursuant to Paragraph 12 below, within 30 days of the Discovery Cutoff Date the Court will enter a scheduling order in each Adversary Proceeding establishing dates for mediation, final pretrial conference, trial and other dates and deadlines as appropriate. 9. In addition to what is provided above, starting in July 2007, all matters concerning any Adversary Proceeding shall only be heard at an Omnibus Hearing (Omnibus Hearing), at which there may be final pre-trial conferences and hearings on motions, if any. There shall be held one Omnibus Hearing each month on a Tuesday, at 2:00 p.m. The scheduled 2007 hearing dates are: Tuesday, July 10, 2007 at 2:00 p.m. Tuesday, August 7, 2007 at 2:00 p.m. Tuesday, September 11, 2007 at 2:00 p.m. Tuesday, October 16, 2007 at 2:00 p.m. Tuesday, November 20, 2007 at 2:00 p.m. Tuesday, December 18, 2007 at 2:00 p.m. Defendants should not appear at any Omnibus Hearing unless: (a) a motion pertaining to the defendants Adversary Proceeding is calendared to be considered at the Omnibus Hearing; or (b) the Court has directed the Defendant to appear; or (c) the plaintiffs have provided five days prior written notice by email, facsimile transmission or

overnight courier to the defendant or its counsel of its need to appear at an Omnibus Hearing. 10. All motions, pleadings, requests for relief or other materials that purport to set a hearing on a date or time other than an Omnibus Hearing shall automatically, and without Court order, be scheduled to be heard at an Omnibus Hearing that is at least twenty calendar days after such motion, pleadings, request for relief or other materials are filed and served in accordance with this Order. 11. The Courts local rules are available at www.mieb.uscourts.gov. 12. Counsel shall notify the Court immediately upon the settlement of an adversary proceeding[.] L.B.R. 9019-1 (E.D.M.). 13. Only attorneys admitted to the bar of the United States District Court for the Eastern District of Michigan may represent defendants in these Adversary Proceedings. See L.B.R. 9010-1(a)(1) (E.D.M.). The Court strongly encourages all counsel to promptly register and attend cm/ecf training with the Bankruptcy Court and obtain an cm/ecf password to file pleadings electronically, if necessary. Information available at the Courts website at www.mieb.uscourts.gov. 14. A corporation, partnership, or other entity other than an individual shall not file a ... pleading, nor appear as a ... defendant ... in an adversary proceeding, unless it is represented by an attorney duly admitted to and in good standing with, the bar of the United States District Court of this district. L.B.R. 9010-1(a)(1) (E.D.M.). Any answer or other pleading filed in violation of this rule will be stricken. 15. Local Rule 83.20(f) (E.D. Mich.) provides, Any member of the bar of this court who is not an active member of the State Bar of Michigan must not appear as attorney of record in any case without specifying on the record, as local counsel, a member of the bar of this court having an office within the district upon whom service of all papers may be made. Such local counsel must enter an appearance in the case and must have both the authority and responsibility for the conduct of the case should outof-town counsel not respond to any order of the court for appearance or otherwise. On application, the court may relieve an attorney who is not an active member of the State Bar of Michigan of the obligation to specify local counsel. 16. The plaintiff is strongly encouraged to use its best efforts to file all complaints within a given track consecutively, so that they will be given consecutive adversary proceeding numbers.
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Signed on May 01, 2007 _ __ _/s/ Steven Rhodes _ _ Steven Rhodes

Chief Bankruptcy Judge 17.