Free Motion to Vacate - District Court of Delaware - Delaware

Case 1:04-cv—00955-GMS Document 75 Filed 09/23/2005 Paget of5
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
OFFICIAL COMMITTEE OF UNSECURED
CREDITORS OF DVI, INC., et al., Debtors and
Dobtors-in Possession Civil Action NO. 04-955-elvis
Plaintiff,
— against-
MICHAEL A. O’HANLON, STEVEN R. GARFINKEL,
RICHARD E. MILLER, JOHN P. BOYLE, ANTHONY J.
TUREK, RAYMOND D. FEAR, WILLIAM S.
GOLDBERG, GERALD L. COHN, JOHN E. MCHUGH,
HARRY T.J. ROBERTS, and NATHAN SHAPIRO,
Defendants.
MOTION BY DENNIS J. BUCKLEY, AS TRUSTEE OF
THE DVI LIQUIDATING TRUST, IN SUPPORT OF HIS MOTION:
(i) TO VACATE THIS COURT’S ORDER, DATED SEPTEMBER 20, 2005,
DISMISSING THIS ACTION; AND (ii) FOR SUBSTITUTION AS PLAINTIFF
For the reasons stated in the accompanying memorandum of law, Dennis
J. Buckley, the Trustee of the DVI Liquidating Trust (the "Liquidating Trustee"), by and
through his undersigned counsel, hereby moves, pursuant to Fed. R. Civ. P. 60(b),
Local Rule 7.1.5, and the equitable powers of this Court, to vacate the Order, dated
September 20, 2005, dismissing this action and denying as moot Defendants’ motions
to dismiss [Dkt. No. 79]. The Trustee additionally moves, pursuant to Fed. R. Civ. P.
Rule 25(c), for an order substituting the Liquidating Trustee as plaintiff in place of the
named plaintiff herein.
47672