Official Committee of Unsecured Creditors of PHD, Inc. v. Bank One NA et al
||December 3, 2003
||Ohio Northern District Court
|Nature of Suit:
|Cause of Action:
||28:0157 Motion for Withdrawal of Reference
|Jury Demanded By:
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|Date Filed||#||Document Text|
|October 24, 2005
Memorandum and Order regarding the Committee's motion for reconsideration [Docket No. 30] is granted in part and denied in part. This case is re-opened. Claim 18 remains dismissed with prejudice in its entirety. Claims 17 and 23 are restored in their entirety against Phlegar, Henry and Keys. Claims 19, 20 and 21 are restored against BOCP, Stonehenge, Stonehenge Partners, Stonehenge Services and Bluestone, but only so far as they allege vicarious liability for Phlegar's alleged brea ch of fiduciary duties to PHD. Aside from the exception noted above, no further proceedings will occur with respect to these five restored claims until the seventeen claims referred back to the Bankruptcy Court by the April 23rd Order are resolved. If the parties wish to present any of the four questions noted by the Court in the form of a motion to dismiss certain of these five claims, any motions to dismiss should be filed by December 2, 2005. Related Doc # 30. Signed by Judge Ann Aldrich on 10-24-05.(K, V) Modified on 12/13/2005 to correct text (M, P).
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