Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04—cv—00605-GI\/IS Document 11-3 Filed 06/27/2006 Page 1 0f 3 I
EXHIBIT B

Case 1:04—cv—00605-GI\/IS Document 11-3 Filed 06/27/2006 Page 2 of 3 i
IN THE UNITED STATES BANKRUPTCY COURT _ R
- FOR THE DISTRICT OF DELAWARE
. In re: § Chapter 11
§
INACOM CORP., etal., § Case No. 00-2426 (PJW)
§
Debtors. § Jointly Administered

p INACOM CORP., on behalf of all afliliated §
Debtors, §
§
Plaintiffs, § j.
§ Adversary Pro. No. 02-04468 ·`
v. §
§ A
TELECONNEX SOLUTIONS, LLC, ACTIVE §
LINK COMMUNICATIONS, INC., MOBILITY §
CONCEPTS, INC., §
· §
Defendants. §
MOTION FOR ORDER APPROVING WITHDRAWAL OF
PATTON BOGGS LLP AND LANDIS RATH & COBB LLP '
AS COUNSEL FOR ACTIVE LINK COMMUNICATIONS, INC.
Patton Boggs LLP ("PB") and Landis Rath & Cobb LLP ("LRC") (collectively, the
“Movants") hereby file this Motion for Order Approving Hdthdrowol ofPot1‘on Boggs LLP ond
Landis Rath & Cobb LLP as Counsel for Active Link Communications, Inc. (the "Motion"). In p
support of the Motion, the Movants respectfully state to the Court as follows: if
FACTUAL AND PROCEDURAL BACKGROUND
On or about June 14, 2002, Inacom Corp. ("Inacom”) filed the above-referenced
adversary action against Active Link Communications, Inc. ("Active Link") seeking to recover
payments as preferential (the "Adversary Action"). Active Link sought the representation of PB
in connection with the Adversary Action. Due to local rules, PB contacted LRC to act as local
counsel for the Adversary Action. g _
zm.um.14a2.ooc in

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PB and counsel for Inacom negotiated a settlement of the Adversary Action in late 2002.
Upon reaching such settlement, counsel for Inacom presented the settlement to the unsecured
creditors’ committee and began negotiations with this constituency to obtain their approval.
During such negotiations, the Movants had little to no contact with Active Link due to the little .
activity in the Adversary Action. In late November 2003, PB was informed that the creditors’
committee approved of the settlement and Inacom was ready to move forward. Upon attempting ‘
to contact Active Link, PB learned that Active Link tiled for bankruptcy on September 15, 2003
in the Northern District of Illinois, Chicago Division. The case is styled In re Acthze Link
Communication Inc. d’b/a Communications World International Inc.; Case No. 03-37869.
Because of the lack of bankruptcy court authority to act on the Active Link’s bankruptcy
case, the Movants request that this Court issue an order approving their withdrawal as counsel
for Active Link Communications, Inc., in this Adversary Action and that the Court grant such
other and further relief} whether in law or equity, as is just.
Dated: January 14, 2004 LANDIS ' · COBB LLP
.4
Daniel B. Rath (No. 022) (
919 Market Street, Suite 600
PO Box 2087
Wilmington, DE 19899 p
(302) 467-4400 (Telephone)
(302) 467-4450 (Facsimile)
- and -
Bruce H. White
Texas State Bar No. 21288850
Vickie L. (Judd) Driver t<`¤
Texas State Bar No. 24026886 I
PATTON BOGGS LLP
2001 Ross Avenue, Suite 3000
Dallas, TX 75201
(214) 758-1500 (Telephone)
(214) 758-1550 (Facsimile) ,
s10.¤m-14s2.noc

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