Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:04-cv-00955-Gl\/IS Document 74 Filed 09/20/2005 Page 1 of 1 5 `
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
OFFICIAL COMMITTEE OF ) i
UNSECURED CREDITORS OF ) 1
Dvi, INC., ) I
_ ) II 1
Plaintiff, ) l '
C.A. N .04-955 l V "
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V. ) -.
> . , l
MICHAEL A. O’HANLON, etal., ) @ @@1 ;__
Defendants- ) u.s. onsrnncr cou ·
DISTRICT OF DELAW·
0RDER
. . 1“
WHEREAS the above-captioned matter was filed by the Official Committee of Unsec ed
Creditors of DVI, Inc. ("the Committee") on August 19, 2004 (D.I. 1);
WHEREAS the Committee admits that it was dissolved as of December 10, 2004, and 1 at
its claims against the defendants, as well as the claims ofthe creditors themselves, were assigne to
a liquidating trust (D.I. 49 at 22);
WHEREAS the liquidating trustee is neither named as a plaintiff, nor alleged in he
complaint to be entitled to relief as required by Fed. R. Civ. P. 8(a);
WHEREAS the docket does not reflect a motion to amend the complaint, or a motio to
substitute the trustee as plaintiff;
WHEREAS the eight outstanding motions to dismiss brought by the defendants (D.I. 23, 5,
26, 28, 30, 32, 34, 36) are directed toward a now-defective complaint; and i ·'
WHEREAS the court will dismiss the complaint on all counts, and deny all outstand ng
motions as moot.
IT IS HEREBY ORDERED THAT:
l. The complaint in the above-captioned action be DISMISSED on all counts; and H
2. All outstanding motions (D.I. 23, 25, 26, 28, 30, 32,§% {48) be DENIED as moot. i __ _
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Dated: September 2005 ;-:—- 1 -
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