Free Order on Motion to Dismiss/Lack of Subject Jurisdiction - District Court of Delaware - Delaware

Case 1:04-cv-01268-***-MPT Document 72 Filed 11/15/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IT GROUP INC., etal., ) Chapter 11
)
Debtor. ) Case No. O2-10118
) Jointly Administered
IT LITIGATION TRUST, )
)
Plaintiff, )
I
v. )
)
DANIEL A. D’ANlELLO, FRANCIS J. )
HARVEY, JAMES C. McG|LL, RICHARD ) Civil Action No. 04-1268-KAJ
W. POGUE, PHILIP B. DOLAN, E. MARTIN )
GIBSON, ROBERT F. PUGLIESE, )
CHARLES W. SCHMIDT, JAMES DAVID )
WATKINS, ANTHONY J. DELUCA, HARRY )
J. SOOSE, THE CARLYLE GROUP, THE )
CARLYLE GROUP L.L.C., CARLYLE )
PARTNERS II, L.P., CARLYLE SBC ) .
PARTNERS, II, L.P., CARLYLE )
INTERNATIONAL PARTNERS II, L.P., )
CARLYLE INTERNATIONAL PARTNERS )
III, L.P., C/S INTERNATIONAL )
PARTNERS, CARLYLE INVESTMENT )
GROUP, L.P. CARLYLE-IT )
INTERNATIONAL PARTNERS, L.P., )
CARLYLE—lT INTERNATIONAL )
PARTNERS ll, L.P., CARLYLE-IT )
PARTNERS L.P., and T.C. GROUP, L.L.C., )
)
Defendants.
ORDER
For the reasons set forth in the Memorandum Opinion issued in this matter
today,
IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss for Lack of
Subject Matter Jurisdiction (Docket Item ["D.|."] 35) is DENIED.

Case 1:04-cv-01268-***-MPT Document 72 Filed 11/15/2005 Page 2 of 2
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss for Failure to
State a Claim (D.l. 37) is GRANTED as to:
(1) Counts I, II, III, IV, and V to the extent that these Counts allege breaches
of the duty of care, waste of corporate assets for actions in violation of the
duty of care, and aiding and abetting violations of the duty of care;
(2) Counts I, Il, III, IV, and V to the extent that these Counts allege breaches
of the duty of loyalty, waste of corporate assets, and aiding and abetting
violations of the duty of loyalty based on the payments to individual
defendants listed in Count VI;
(3) Counts I, ll, and Ill to the extent that they are brought against Defendant
Soose;
(4) Count VII to the extent that payments made prior to January 16, 2001 are `
sought to be recovered under 11 U.S.C. § 548.
IT IS FURTHER ORDERED that Defendants Motion to Dismiss for Failure to
State a Claim (D.I. 37) is DENIED in all other respects. l
November 15, 2005
Wilmington, Delaware
`