Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv-00389-***-MPT

Document 57-6

Filed 11/15/2005

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EXHIBIT E

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Case 1:04-cv-00389-***-MPT

Document 57-6

Filed 11/15/2005

Page 2 of 3

UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE . . Chapter 11 . PSA, Inc, . . Debtor(s). . Bankruptcy #00-3570 (KJC) ............................................................. IN RE: Wilmington, DE January 21, 2003 10:30 a.m. TRANSCRIPT OF MOTIONS HEARING BEFORE THE HONORABLE KEVIN J. CAREY UNITED STATES BANKRUPTCY JUDGE APPEARANCES: For Debtor: Shannon L. Nagle, Esq. Powell, Goldstein, Frazer & Murphy, LLP 16th Fl. 191 Peachtree Street, N.E. Atlanta, GA 30303 Sean Beach, Esq. Young, Conaway, Stargatt & Taylor, LLP The Brandywine Bldg. 1000 West Street-17th Fl. Wilmington, DE 19899 For Darryl Laddin: Litigation Trustee Kathleen Miller, Esq. Smith, Katzenstein & Furlow, LLP The Corporate Place 800 Delaware Ave. Wilmington, DE 19899

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Case 1:04-cv-00389-***-MPT

Document 57-6

Filed 11/15/2005

Page 3 of 3

7 THE COURT: MS. NAGLE: Yes. Defendants filed a Motion to Dismiss. I We

don't believe counsel for Defendants is in the Courtroom. filed a response yesterday, and this is the second largest cause of action in this case; it's a $7 million fraudulent conveyance action, so it is pretty important.

We were prepared We are

to go forward and argue why it shouldn't be dismissed.

in the process of re-serving the Defendants under the Hague Convention, which might take a while, but we are confident we will be able to perfect service to the extent it wasn't calculated to lead to notice of the proceedings, which we believe it was. But anyway, to clean up some of the issues

that they raised, we are in the process of re-serving the Defendants under the Hague Convention, and I guess since that, from what I can tell, takes a little while, I think it would be premature to put it back on for next month's hearing unless you want to argue the -- or unless you want to hear argument from counsel on the Motion to Dismiss then. It is my understanding

that under the Hague, it might take us up to about 120 days to re-serve the Defendants because of things involved. And we are

in the process of doing that, but again, whether we'll be able to revisit that issue in February is -- I think it might be a little premature. THE COURT: Well, I did read the Plaintiff's response

and the other papers in connection with the Motion and I guess
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