Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :05-cv—00876-KAJ Document 4 Filed 12/16/2005 Page 1 of 6
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: 2
2 Chapter 11
SUMMIT METALS, INC., 2
2 Case N0. 98-2870 (RB)
D€btO1‘. Hearing Date: December 14, 2005 at 2:00 p.m.
Objection Deadline: December 1, 2005 at 4:00 p.m.
MOTION OF THE CHAPTER ll TRUSTEE, FRANCIS A. MONACO, JR.
TO STRIKE APPELLANT’S DESIGNATION OF CERTAIN ITEMS TO
BE INCLUDED IN THE RECORD ON APPEAL PURSUANT TO
FEDERAL RULE OF BANKRUPTCY PROCEDURE 8006
Francis A. Monaco, I r., the court appointed chapter 11 trustee ("Trustee") of Summit
Metals, Inc. ("Debtor"), by and through the undersigned counsel, hereby moves (the "Motion") to
strike certain documents contained in the Designation of Items to be Included on the Record on
Appeal (the "Appellant’s Designation") filed by Ambrose M. Richardson, III1 ("Richardson")
from the record on appeal. In support of this Motion, the Trustee respectfully represents as
follows:
BACKGROUND
1. On November 3, 2005, A.M. Richardson, PC ("PC" or Appellant") filed a Notice
of Appeal (the "Appeal") with respect to the Court’s October 24, 2005 Order Authorizing the
Chapter 11 Trustee to Vote it’s stock of Riverside Millwork Co. to Approve the Sale.
2. On September 19, 2005, the Trustee filed a Motion ("Sale Motion") to approve
the sale of one of Summit’s solely owned subsidiaries, Riverside Millwork Co. ("RIVCO"). On
October 12, 2005 and October 18, 2005, the Court held a hearing on the RIVCO Sale Motion
1 Richardson, individually, filed the Designation, but the Notice of Appeal purports to be filed by Richardson, yet it
is signed by counsel on behalf of one —A.M Richardson, P.C. Nonetheless, we refer to the designation as
"Appellant’s Designation."