Touch america holdings liquidating tr
AT&T CORP., AND ZAYO GROUP, LLC AS SUCCESSOR BY MERGER TO 360 NETWORKS CORPORATION Defendants. Zayo Group, LLC, as Successor by merger to 360 Networks Corporation, Defendant, represented by Abigail M. The Fiber Optic Agreement was a construction contract pursuant to which Touch America agreed to build part of AT&T's "Nex Gen" telecommunications system between cities located in the Western and Midwestern United States. 7012(b), governs a motion to dismiss for failing to state a claim upon which relief can be granted. BRENT WILLIAMS AS PLAN TRUSTEE FOR TOUCH AMERICA HOLDINGS, INC., AND ITS AFFILIATED DEBTOR ENTITES Plaintiff, v. Schwartz , Norton Rose Fulbright US LLP, Jami Mills Vibbert , Norton Rose Fulbright US LLP. ("TAH") was a Delaware holding company that owned and operated subsidiaries that were engaged in constructing and operating underground and wireless telecommunications systems and telecommunications conduits. ("Touch America") and AT&T entered into an agreement entitled "Contract for the Supply of Fiber Optic System(s) and Routes Upon Which the Systems are Constructed" (the "Fiber Optic Agreement"). Fay , Morris, Nichols, Arsht & Tunnell, LLP, Melanie Mc Laughlin Kotler , Norton Rose Fulbright US LLP, David A. On August 20, 2015, I heard oral argument on AT&T's Motion to Dismiss. AT&T Corporation ("AT&T") filed a Motion to Dismiss the Complaint on December 5, 2014 (D. Pursuant to a scheduling order dated February 18, 2015 (D. 42), the parties set deadlines for responsive pleadings regarding the Motion to Dismiss and discovery. Brent Williams, Plan Trustee for Touch America Holdings, Inc. Taylor, Joanne Barkell, Patrick Burton, Rosalie Burton, James Dudley, Joseph Martelli, and Lawrence A. 37) and a Request for Judicial Notice in Support of Motion of Plan Trustee (“RJN”)(docket no. Oral argument was held on March 28, 2007 regarding the Shareholders’ Motion to Dismiss, the Motion to Certify Issues, and the Trustee’s Summary Judgment Motion. For the reasons set forth below, I conclude that the claim is derivative, but that there are still issues of material fact regarding whether Touch America is the successor-in-interest to Montana Power with the right to pursue the derivative claims.
Vi XS shareholders of record as of the close of business on June 22, 2017 will receive notice of and be entitled to vote at the Meeting. Knight's treatment and recovery, Krissy Gathright, Executive Vice President and Chief Operating Officer, and Bryan Peery, Executive Vice President and Chief Financial Officer, will share in the responsibilities and oversight of Apple Hospitality's day-to-day activities." data-reactid="67" pm Apple Hospitality REIT confirms President and CEO Justin Knight was injured in plane crash - is expected to make a full recovery (see comment) (APLE) : Co reported that Justin Knight, President and Chief Executive Officer, sustained serious, non-life-threatening injuries in a plane crash that occurred on Tuesday, July 4, 2017. As of July 5, 2017, Eagle Bulk has taken delivery of seven of the Greenship Bulk vessels.  The eighth claim (the “Injunction Claim”) became a center point for a spate of dispositive motions in adversary proceeding 04-54840. 56 because matters outside the pleadings have been presented and are being considered by the Court. The first seven claims seek damages for breach of fiduciary duties and the return of payments pursuant to 11 U.  The eighth claim seeks an injunction preventing the plaintiffs in the Mc Greevey Litigation (i.e., the Mc Greevey Shareholders) from pursuing a claim in the Mc Greevey 112 *112 Litigation for loss of stock value. Before a court will find that a dispute about a material fact is genuine, there must be sufficient evidence upon which a reasonable jury could return a verdict for the non-moving party. Settlement agreement unambiguously provided that creditor was entitled to ownership of disputed conduits where they related to a fiber optics system owned by that creditor.Creditor's motion for summary judgment granted; summary judgment motions by trustee and a third party were denied.
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Chipman, Jr., Edwards Angell Palmer & Dodge, Wilmington, DE, for Debtors. Phillips, Jr., Phillips, Goldman & Spence, Maureen D. Ward, The Bayard Firm, Gian Claudio Finizio, Pepper Hamilton LLP, Steven M. BACKGROUND On June 19, 2003, Touch America Holdings, Inc. (the “Debtors”) filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware (the “Court”).