Free Order - District Court of Connecticut - Connecticut


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Date: November 10, 2004
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State: Connecticut
Category: District Court of Connecticut
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. A A Case 3:03-cv-00940-RNC Document 42 Filed 1 1/10 2004 Page 1 of 1 i
.1N THE UNITED STATES DISTRICT CO TIL. ED .
FOR THE DISTRICT OF CONNEC}"[}0(!?Ii( '
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"` {_ MARIA DEGENNARO, : CIVIL AH ON J O. Q O’ 35
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\@ Plaintifi z ’ R FQ D C URI
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. ___ i EXPANETS, INC. n/k/a NETEXIT, INC., :
"`r et al., :
` Defendants. : November 5, 200
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_ E ‘ PARTIES’ JOINT STATUS REPORT
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Ni Plaintiff Maria DeGennaro ("DeGennaro"), and Defendant, · p aya, LLC ("Avaya"),
‘ lg respectfully submit this Joint Status Report which addresses the matt ` s listed in Rule 16(c) of
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_ the Federal Rules of·C1v1l Procedure, as well as the status of this proc ¤i edmg.
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· In light of certain recent developments with respect to the Net ¤ ·» it bankruptcy, including
g 3 (a) the emergence of the former parent of Netexit, Northwestern Corpi ("Northwestem"), from
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Bk. bankruptcy proceedings, (b) an agreement by, jg gig, Northwestem; o indemnify Avaya with i
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\·; respect to any liability arising from this action, and (c) advice which n li has been received by ,
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Q Civ both Plaintiffs counsel and Avaya’s counsel from Netexit’s counsel t at Netexit has sufficient
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g assets in its bankruptcy estate to satisfy any claim by Plaintiff] the pa l es are currently exploring
_ &`°”§ whether they can fully and finally resolve this action, as well as the cl m filed by Plaintiff in the
` i United States Bankruptcy Court as to Netexit, and/or if the claims aga st Avaya Should be
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& voluntacrily dig-gmsed in light ofthe representations received from Net xit regarding the
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Uw {L5 li of the tiling of a bankruptcy petition by Defendants, E_ panets, Inc. n/k/a Netexrt,
and‘Expanets7of North America, LLC n/k/a Netexit of North Arne 'ca, LLC (collectively,
tk °" etexié, thisjjaction has been stayed as to those Defendants pursuan H to the automatic stay
Q ` igiog 0ftbgLB;mkruptcy Code, I l U_S,C, § 362. Pursuant to the Ill OU1't’S direction, Plaintiff
has pursgrrpd herlclaims as to these Defendants in the United States Ba i ruptcy Court.
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