Official Committee of Unsecured Creditors of PHD, Inc. v. Bank One NA et al

Justia Dockets & Filings Sixth Circuit Ohio Northern District Official Committee of Unsecured Creditors of PHD, Inc. v. Bank One NA et al

Official Committee of Unsecured Creditors of PHD, Inc. v. Bank One NA et al

Case Number:	1:2003cv02466
Filed:	December 3, 2003
Court:	US District Court for the Northern District of Ohio
Office:	Cleveland Office
Presiding Judge:	Ann Aldrich
Nature of Suit:	Bankruptcy Withdrawl
Cause of Action:	28 U.S.C. § 0157 Motion for Withdrawal of Reference
Jury Demanded By:	None

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Date Filed	Document Text
October 24, 2005	Filing 43 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).

Date Filed

Document Text

October 24, 2005

Filing 43 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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