Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-01415-JJF

Document 11

Filed 06/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
In re: AMERICAN CLASSIC VOYAGES CO., et al., Debtors, WESTAFF, Appellant/Appellant ) ) ) ) ) ) ) ) ) ) ) District Court Civil Action No. 04-01415 (JJF) Chapter 11 Bankruptcy Court Case No. 01-10954 (LHK) Jointly Administered Adv. Proc. No. 03-56886 (PBL)

v.
AMERICAN CLASSIC VOYAGES CO., et al., DEBTORS, BY AND THROUGH PAUL GUNTHER, PLAN ADMINISTRATOR, Appellee/Pla intiff

) )
) ) ) ) ) )

NOTICE OF COMPLETION OF BRIEFING RELATING TO PLAINTIFF'S CROSS MOTION TO DISMISS WESTAFF'S APPEAL, Re: DOCKET NO. 8 On May 31, 2005, American Classic Voyages Co., et al. ("AMCV") and the other debtors and debtors- in-possession administered together herein (collectively, the "Debtors" or "Plaintiffs" or "Appellee"), by and through Paul Gunther as the Plan Administrator, by and through it undersigned counsel, filed and served the Cross Motion to Dismiss Westaff's Appeal ("Motion") (Docket No. 8). The relevant pleadings with regard to the Motion found in the Docket for Civil Action No. 04-1415 are as follows: Date 5/31/2005 Docket No. 8 Pleading
Memorandum In Support Of Cross Motion To Dismiss Westaff's Appeal And In Opposition To Westaff's Motion For An Extension Of Time

5/31/2005

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Declaration of Michael D. Thorp in Support of Cross Motion to Dismiss Westaff's Appeal and in Opposition to Westaff's Motion

Case 1:04-cv-01415-JJF

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for an Extension of Time The undersigned certifies that he has reviewed the Court's docket in this case and no answer, objection or other responsive pleading to the Motion appears thereon. Copies of all pleadings referred to above, with any attached exhibits, will be submitted to the Court. Counsel for the Appellee available at the conve nience of the Court, if oral argument is necessary.

Dated: June __, 2005

MONZACK AND MONACO, P.A.

___/s/ Joseph J. Bodnar____ Francis A. Monaco, Jr. (#2078) Joseph J. Bodnar (#2512) 1201 N. Orange Street, Suite 400 Wilmington, DE 19801 T: (302) 656-8162

HAHN & HESSEN LLP 488 Madison Avenue New York, New York 10022 (212) 478-7200 Attorneys for Plaintiff

Document #: 44774

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Case 1:04-cv-01415-JJF

Document 11

Filed 06/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
In re: AMERICAN CLASSIC VOYAGES CO., et al., Debtors, WESTAFF, Appellant/Appellant ) ) ) ) ) ) ) ) ) ) ) District Court Civil Action No. 04-01415 (JJF) Chapter 11 Bankruptcy Court Case No. 01-10954 (LHK) Jointly Administered Adv. Proc. No. 03-56886 (PBL)

v.
AMERICAN CLASSIC VOYAGES CO., et al., DEBTORS, BY AND THROUGH PAUL GUNTHER, PLAN ADMINISTRATOR, Appellee/Plaintiff

) )
) ) ) ) ) )

CERTIFICATE OF SERVICE I, Heidi E. Sasso, certify that I am not less than 18 years of age, and that service of the foregoing document was filed with the United States Bankruptcy Court with a courtesy copy being provided to the Clerk of the Court and sent to the below- listed attorney by way of stated service on June 15, 2005: VIA HAND DELIVERY and E-MAIL James E. Huggett, Esquire Harvey, Pennington Ltd. 913 N. Market Street, Suite 702 Wilmington, DE 19801 Email: [email protected] Under penalty of perjury, I declare that the foregoing is true and correct.

Dated: June 15, 2005

___/s/ Heidi E. Sasso_______________ Heidi E. Sasso

Document #: 44280