Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :04-cv—00605-GIVIS Document 1 1 Filed 06/27/2006 Page 1 of 4 A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re INACOM CORP., et al.,] Bankruptcy Case No. 00-2426 PIIN
INACOM CORP., on behalf of all affiliated Civil Action No. 04-605 (GMS) I
Debtors
[Adversary Case No. 02-04468 (PlW)] p
Plaintiff, I
v. Yjj
TELECONNEX SOLUTIONS, LLC,
ACTIVE LINK COMMUNICATIONS
INC., MOBILITY CONCEPTS, INC. `
Defendant. , . _
i
DEBTORS’ MOTION FOR U
VOLUNTARY DISIVIISSAL WITH PRE,| QQICE OF COMPLAINT Q
Plaintiff Inacom Corp., on behalf of all of the affiliated debtors ("Plaintiff" or
“Inacom") hereby moves, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure
I (the “Federal Rules"), as made applicable through Rule 7041 of the Federal Rules Bankruptcy I
Procedure (the "Bankmptcy Rules"), for dismissal of this action with prejudice. In support
thereof, Plaintiff states as follows: - A
On June 16, 2000 (the "Petition Date”), Plaintiff and all of the related debtors
identified above (collectively the "Debtors") each filed a voluntary petition for relief under I

I The Debtors are the following entities: InaCom Corp.; InaCom Latin America; InaCom Solutions, Inc.; InaCom l
Communications, Inc.; InaComp Financial Services, Inc.; Perigee Communications, Inc.; Networks, Inc.; Gorham Clark, Inc.; I
InaCom Intemational, Inc.; InaCom Tennessee, Inc.; InaCom Professional Services, Inc.; Kure Associates, Inc.; Office Products
of Minnesota, Inc.; Boston Computer Exchange Corporation; PC Technical Services, Inc.; Vanstar Corporation; Computerland
lntemational Development, Inc.; Computerport World Trade, Inc.; Vanstar International Corporation; VST West, Inc.; VST ‘
Illinois, Inc.; VSTNC, Inc.; Cland Tex, Inc.; InaCom Govemment Systems, Inc.; Contract Data, Inc.; Computer Professionals, I
Inc.; Vanstar Professional Technical Resources. Inc. f
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Case 1 :04-cv—00605-GIVIS Document 11 Filed 06/27/2006 Page 2 of 4 *`
chapter 11 of title 11, United States Code (the "Bankruptcy Code"). On June 16, 2000, the
Bankruptcy Court entered an order procedurally consolidating these chapter 11 cases for
administrative purposes only. Since the Petition Date, the Debtors operated their businesses and
managed their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the _
Bankruptcy Code.
By order entered on May 23, 2003 (the “Confirmation Order"), the Bankruptcy -_
Court confirmed the Joint Amended Plan of Liquidation Pursuant to Chapter 11 of the United {
States Bankruptcy Code Official Committee of Unsecured Creditors and the Debtors (the
"Plan"). Pursuant to the Plan, a Liquidating Trust was established to carry out the terms of the
Plan.
The Plaintiff filed and served a complaint to avoid and recover certain alleged
preferential transfers (the "Complaint") initiating this adversary (the "Adversary Proceeding") on
June 14, 2002.
Teleconnex Solutions, LLC. (the "Defendant") filed an answer in this adversary
action on August 19, 2002 (the "Answer").
After filing the Answer, Defendant filed for bankruptcy on September 15, 2003 in
the Northern District of Illinois, Chicago Division, Case No. 03-37869. On January 14, 2004,
Defendant filed a Suggestion of Bankruptcy in this Adversary Proceeding (Bankr. Docket
No. 11) (the "Suggestion of Bankruptcy"). A copy of the Suggestion of Bankruptcy is attached
hereto as Exhibit A. Additionally, counsel for Defendant filed its Motion for Order Approving
Withdrawal of Patton Boggs LLP and Landis Rath & Cobb LLP as Counsel for Active Link ‘
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Case 1 :04-cv—00605-GIVIS Document 11 Filed 06/27/2006 Page 3 of 4 l
Communications, Inc., on January 14, 2004 (Docket No. 12) (the "Motion for Withdrawal"). A
copy of the Motion for Withdrawal is attached hereto as Exhibit B.
On June 25, 2004, an Order Withdrawing the Reference to the United States
District Court for the District of Delaware was entered in the Bankruptcy Court (Bankr. Docket E
No. 16). P
On July 30, 2004, a Letter (the "July 30 Letter") to the Clerk of the United States
District Court for the District of Delaware from Rebecca L. Butcher, Esq. enclosing a copy of the if
Motion for Withdrawal, a proposed form of Order and Affidavit of Service; along with a copy of is
the Bankruptcy Adversary Case No. 02~04468 (PJW) docket sheet referencing Docket No. 12
was filed with the Court. In the July 30 Letter, counsel asked that the Court advise her as to the
procedure for having the Motion to Withdraw considered by the Court. As ofthe date hereof, no
order has been entered by the Court disposing of the Motion for Withdrawal.
Counsel for Defendant, Rebecca L. Butcher, Esq. of Landis Rath & Cobb LLP,
has indicated that her firm could no longer represent the Defendant.
q As of the date hereof, the Defendant has not retained replacement counsel (at least
no such counsel has entered an appearance or contacted the undersigned). Further, on or about __
March 2006, Plaintiff’s counsel spoke with Rebecca Butcher again, who indicated she did not
feel it was proper for her firm to execute a stipulation of dismissal of the Adversary Proceeding
on behalf of the Defendant. -
As it appears that proceeding to trial would be a futile endeavor given the n
` Defendant’s filing of bankruptcy, Plaintiff respectfully requests dismissal of the Adversary
Proceeding. qq
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Case 1 :04-cv—00605-GIVIS Document 11 Filed 06/27/2006 Page 4 of 4
WHEREFORE Plaintiff moves the Court for dismissal of this adversary 0
I proceeding, with each side to bear its own costs, and upon such other terms as the Court deems
proper.
· Dated: June 27, 2006 p
PACHULSKI STANG ZIEHL YOUNG JONES . 1
& WEINTRAUB LLP .
Laura Davis Jones (DE Bar No. 2436)
Sandra G. M. Selzcr (DE Bar No. 4283) Q'
919 North Market Street, 17th Floor
P.O. Box 8705 ‘
Wilmington, DE 19899-8705 (Courier 19801) 0
Telephone: (302) 652-4100 _
Facsimile: (302) 652-4400 .
Andrew W. Caine (Bar No. 110345)
Jeffrey P. Nolan (Bar No. 158923)
10100 Santa Monica Blvd., Suite 1100 .—
Los Angeles, CA 90067
Telephone: (310) 277-6910
Facsimile: (310) 201-0760
Counsel for Debtors/Plaintiff (
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