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

Case 1:04-cv—O1266—SLR Document 97 Filed O3/24/2005 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
) Chapter 11
TELEGLOBE COMMUNICATIONS )
CORPORATION, et al., ) Bankr. Case. N0.
> 02-11518-Mpw
Debtors. )
________._______.___..__..._._........>
>
TELEGLOBE COMMUNICATIONS )
CORPORATION, et al., )
)
Plaintiffs, )
)
v. ) Civ. No. 04-1266-SLR
)
BCE INC., et al., )
)
Defendants. )
O R D E R
At Wilmington this 23d day of March, 2005, having reviewed
defendants’ motion to dismiss and heard oral argument on the
same;
IT IS ORDERED that said motion (D.I. 5) is denied. By its
motion to dismiss, defendants are asking the court to ignore the
allegations contained in the complaint and find in their favor
based on multiple appendices containing over two thousand pages
of documents, all filed before any discovery had been conducted
in the context of a bench trial where summary judgment motions
are not entertained unless the parties have agreed to the facts

Case 1:04-cv—O1266—SLR Document 97 Filed O3/24/2005 Page20f2
and the only issues are those of law. In this case, even the
analysis regarding which law should apply is fact intensive.
This simply is not an appropriate case for disposition at this
stage of the proceedings on a motion to dismissl and I decline to
do so.
United States %istrict Judge
1Pursuant to Fed. R. Civ. P. 12(b)(6), the court is bound to
accept the facts as pled in the complaint, to draw all reasonable
inferences in favor of the plaintiffs, and to grant the motion
only if no relief may be awarded under any set of facts
consistent with the allegations of the complaint. See Trump
Hotels & Casino Resorts, Inc. v. Mirage Resorts, Inc., 140 F.3d
478, 483 (3d Cir. 1998).
2