Free Notice (Other) - District Court of Delaware - Delaware

Case 1:04-cv-00146-JJF

Document 40

Filed 10/15/2005

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE In re: THE IT GROUP, INC., et al. Post-Confirmation Estate. ______________________________________ JOHN ACCARDI, et al., Movants/Appellants, v. IT LITIGATION TRUST, successor in interest to IT CORPORATION, IT GROUP, INC., and their subsidiaries in bankruptcy, ANTHONY DeLUCA, FRANCIS HARVEY, HARRY SOOSE, and CARLYLE PARTNERS II, LP, et al., Respondents/Appellees. ______________________________________ ROCHELLE BOOKSPAN, Movant/Appellant, v. IT LITIGATION TRUST, successor in interest to THE IT GROUP, INC., et al., Respondents/Appellees. NOTICE OF WITHDRAWAL OF EMERGENCY EX-PARTE REQUEST OF THE ACCARDI APPELLANTS AND ROCHELLE BOOKSPAN FOR TEMPORARY STAY OF ORDER RELEASING IT TRUSTEE FROM RESERVE ORDER AND AUTHORIZING DISTRIBUTION OF SCHEDULE C-1 RESERVE, AND FOR ORDER SETTING BRIEFING SCHEDULE; MOTION FOR STAY, PENDING APPEAL, OF ENFORCEMENT OF ORDERS DISMISSING ADVERSARY PROCEEDINGS, OF ORDER RELEASING IT TRUSTEE FROM RESERVE ORDER AND AUTHORIZING DISTRIBUTION OF SCHEDULE C-1 RESERVE; REQUEST IN THE ALTERNATIVE FOR TEMPORARY STAY PENDING FILING OF REQUEST FOR EMERGENCY STAY WITH UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Civ. No: 04-146 (JJF) (lead case) [consolidated with Civ. No. 04-147 (JJF)] Chapter 11 Bankruptcy Case No. 02-10118 (MFW) Jointly Administered

Case 1:04-cv-00146-JJF

Document 40

Filed 10/15/2005

Page 2 of 2

The Accardi Appellants and Rochelle Bookspan hereby withdraw their emergency motion that was filed on October 13, 2005 (D.I. 39) captioned: "Emergency Ex-Parte Request of the Accardi Appellants and Rochelle Bookspan for Temporary Stay of Order Releasing IT Trustee From Reserve Order and Authorizing Distribution of Schedule C-1 Reserve, and for Order Setting Briefing Schedule; Motion For Stay, Pending Appeal, of Enforcement of Orders Dismissing Adversary Proceedings, of Order Releasing IT Trustee from Reserve Order and Authorizing Distribution of Schedule C-1 Reserve; Request In the Alternative for Temporary Stay Pending Filing of Request for Emergency Stay with United States Court of Appeals for The Third Circuit." Dated: Santa Barbara, California October 15, 2005 /s/ Thomas A. Johnson . Thomas A. Johnson (Cal. Bar 158270) Law Offices of Thomas A. Johnson 33 West Mission St., Suite 201 Santa Barbara, CA 93101 (805) 682-2600 /s/ John Stull John M. Stull 1300 N. Market Street Wilmington, DE 19899-1947 (302) 654-0399 .

Attorneys for Accardi Appellants and Rochelle Bookspan

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