Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv-00476-SLR Document 17 Filed O3/07/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ln re: )
)
TI-IE THAXTON GROUP, INC., at ai., ) Case No. 03—i 3183
) (Iointly Administered)
l
Debtors. )
l
)
Ofticial Committee of Unsecured ) Case Number: i:04~cv··00476—SLR
Creditors of the Thaxton Group, inc., )
) Originally tiled in the United States
Piaintiff, ) Bankruptcy Court ofthe District of
) Delaware, Adv. Proc. No. O- vs. )
)
FINOVA Capital Corporation, )
)
Defendant. )
AGREED MOTION TO DISMISS
Defendant FINOVA Capital Corporation ("FINOVA"), by its undersigned
counsel and pursuant to a master settlement agreement ("MSA") between the patties, hereby
moves to dismiss this case with preiudice In support of its motion, FINOVA states as follows:
l. The parties to this litigation have reached a comprornise and settlement of
this litigation, as evidenced by the MSA by and between them, executed on October Bi, 2006, a
copy of which is attached hereto as Exhibit A. The United States District Court for the District
Court of South Carotina ("South Carolina District Court") gave preliminary approval for the
MSA on November 15, 2006 in the related class actions styled Gregory v. HNOVA Capital
Coijgoration. The South Carolina District Court gave tinai approval to the MSA in its Order in
Gregory v. FTNOVA dated January 26, 2007.
2. Pursuant to the MSA, the parties iiave agreed that FINOVA shall promptly
move to dismiss this case with prejudice, eacii party to bear its own attonieys’ costs and fees.
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Case 1:04-cv-00476-SLR Document 17 Filed O3/07/2007 Page 2 of 2
WHEREFORE, Defendant FINOVA Capital Corporation respectfully requests
that this Court enter an order, in the form 0t`}Exl1ibit B hereto, immediately dismissing this case
with prejudice, each party to bear its own costs
Dated: Marcia 7, 2007
Wilmington, Delaware K
,4/¢?"'#——~—
Mark D, Collins (No,. 298t)
Paul N. Heath (No. 3704)
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
PO. Box 55}
Wilmington, Delaware 19899
Telephone: (.302) 651-7700
Telecopy: (302) 651-7701
and
Daniel P Shapiro
Steven A. Levy
Andrew R. Cardonielc
Alais L. M. G1‘if`fin
Goldberg, Kohn, Bell, Black,
Rosenbloom & Moritz, Ltd,
55 East Monroe Street, Suite .3700
Chicago, Illinois 60603
(312) 20l~4000
(3 12) 332-2196 (facsimile)
Cwuzselfor FINOVA Capital Cmyrcrmion
-2-
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Case 1:04-cv-00476-SLR

Document 17

Filed 03/07/2007

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Case 1:04-cv-00476-SLR

Document 17

Filed 03/07/2007

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