Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:05—cv—00876-KAJ Document 7 Filed 12/16/2005 Page 1 of 1
IN TIIE UNITED STATES IIANKRU P'l`CY COURT
I·`OR THE l)ISTRI(_T'I` OF DELAWARE
In re: :
SUM.Ml'l` METALS, INC.; 1
: Chapter l l
Debtor. Case No. 93-2870 (RB)
__ RE: Docket No. 549
ORDER S'I`RlK,ING APPELLANT’S DESIGNA'l`IQON OF CERTAIN ITEMS TO
DE INCLUDED IN TIIE RECORD ON APPEAL PURSUANT TO
FEDERAL RULE OI·` DANI{RUI"l"CY PROCEDURE 3006
Upon the motion (the “Motion“) of Francis A. Monaco; Jr., Chapter 1 l Trustee (the
"`l`rustee“ or “/\.ppel|ee") oi`Sun1mit. Metals, Inc. (the “Debtor“), by and through his undersigned
counsel tor entry ot`an Order striking; Appellant, Ambrose M. Richardson, 11I’s (“Appellant“)
designation (the “Desig;nation") ol` certain items to be included in the record on appeal (_the
“Motion"), and upon the pleadings and evidence presented in lavor ofthe Motion; and Appellant `
having tailed, despite adequate notice and opportunity, to make any submission in opposition to
the Motion; and after due deliberation and sufticient cause appearing therefore, it is hereby;
ORIIIERED, that the Motion is granted; it is i`tn1her
.. ORDl;lRliZl`), that the designation ofthe eertilications otJantes 'I`. Kelly, Joseph N.
Giglietti and Stuart J. Denton (collectively; the `“(_Zei1i0cations") is stricken; and it is further
(`)I·tDERIjI_), that the designation ot` the Docket and record for the United States
Bankruptcy Court tor the District ol` Delaware chapter l l ease no. 98-2R'/0 (the "Docket
Designation") is stricken.
Dated: Wilmington; Delaware
E I 2005 3
Ht NOR/'iiDI.E DOLPH I3AX'I`ER
41693
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