Free Motion for Judgment on the Pleadings - District Court of Delaware - Delaware

Case 1 :04-cv-01551-JJF Document 109-2 Filed 07/06/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: :
STUDENT FINANCE CORPORATION, :
Debtor. :
; Civil Action No. 04-1 55 l(J.lF)
CHARLES A. STANZIALE, IR., :
CHAPTER 7 TRUSTEE OF STUDENT :
FlNANCE CORPORATION, :
imaiiri; Q
v. :
PEPPER HAMILTON LLP, et al.,
Defendants.
ORDER
Upon consideration of The Pepper I}efeudants’ Motion for Judgment On The
Pleadings On Count IV (Professional Malpractice) of the Trustee’s First Amended
Complaint And Motion For Partial Judgment On The Pleadings On Count I (Breach Of
Fiduciary Duty) Of The Trustee’s First Amended Complaint and any response thereto, it is
hereby ORDERED that said motion is GRANTED and that:
l. Judgment is entered in favor of Pepper Hamilton LLP and W. Roderick
Gagné on Count IV (Professional Malpractice) ofthe First Amended Complaint;
2. Partial Judgment is entered in favor of Pepper Hamilton LLP and W.
Roderick Gagné on the Trustee’s claim for deepening insolvency damages on Count I (Breach of
Fiduciary Duty) ofthe Trustee’s First Amended Complaint and, therefore, if the Trustee
ultimately prevails on Count I, the damages that may be awarded in connection with that Count
shall not exceed, but may be less than, the approximately $3,200,000 in legal fees that Student
Finance Corporation paid to Pepper Hamilton LLP; and

Case 1 :04-cv-01551-JJF Document 109-2 Filed 07/06/2006 Page 2 of 2
3. The Trustee is precluded from pursuing or recovering any damages
arising from the alleged deepening of Student Finance Corporatiorfs insolvency ori any of his
claims.
Dated: , 2006
The Honorable Joseph I. Faman, Jr.
United States District Judge
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