Free Order - District Court of Delaware - Delaware

Case 1:04-cv—OO433—SLR Document 16 Filed 11/O1/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
>
CARIBBEAN PETROLEUM LP, ) Bankruptcy Case No.
et al., ) Ol—ll657—PJW
)
Debtors. Q
HERNAN SERRANO, TRUSTEE OF )
THE CARIBBEAN PETROLEUM )
CREDITORS' TRUST, AND ON )
BEHALF OF THE ESTATES OF THE )
ABOVE CAPTIONED DEBTORS, )
CARIBBEAN PETROLEUM, ET AL., )
AS AUTHORIZED REPRESENTATIVE, )
) aj
Plaintiff, ) Q
) f`
v. ) Civ. No. 04-433-SLR T
) {
CAMIONEROS COOPERATIVA DE ) y
TRANSPORTE DE CARGA and )
COOP CAMIONEROS TRANSPORTE, )
)
Defendants. )
O R D E R
At Wilmington this 3l“ day of October, 2005, having
reviewed plaintiff's motion for summary judgment, and defendants
never having responded to such, despite multiple extensions of
time to do so;
IT IS ORDERED that said motion (D.I. 5) is granted, based on
the fact that defendants never responded to plaintiff’s
outstanding discovery requests, including requests for admission
H

Case 1:04-cv—OO433—SLR Document 16 Filed 11/O1/2005 Page 2 of 2
related to each of the essential elements of plaintiff’s
preferential transfer claim.
IT IS FURTHER ORDERED that the Clerk shall enter judgment in
favor of plaintiff and against defendants in the principal sum of
$630,936.I2, plus pre—judgment interest in the sum of $10,928.88
and plus costs in the sum of $150.00, for a total judgment of
$651,015.00.
IT IS FURTHER ORDERED that plaintiff’s second claim for
relief for post—petition transfers is hereby dismissed with
prejudice.
United Staéés District Judge 1
2

Case 1:04-cv-00433-SLR

Document 16

Filed 11/01/2005

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Case 1:04-cv-00433-SLR

Document 16

Filed 11/01/2005

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