Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv—O1310-KAJ Document 12-4 Filed 06/O1/2005 Page 1 013
EXHIBIT J
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Case 1 :04-cv—O1310-KAJ Document 12-4 Filed 06/O1/2005 Page 2 of 3
IN THE UNITED STATES BANKRUPTCY COURT ‘
FOR THE DISTRICT OF DELAWARE 5
In Re: , : Chapter 11
KB TOYS, INC., etal., Case No. 04-10120 (JBR)
: (J ointly Administered)
Debtors. ;
BIG LOTS STORES, [NC.,
Plaintiff,
vs. Adversary No. 04-53134 (JBR)
KB ACQUISITION CORPORATION, etal.,
Defendants.
4 PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Pursuant to Rule 7056 of the Federal Rules of Bankruptcy Procedure and Rule
56(a) of the Federal Rules of Civil Procedure, plaintiff Big Lots Stores, Inc. ("Big Lots")
j respectfully moves this Court for entry of an order granting summary judgment against all
defendants in this action. Specifically, Big Lots submits that this Court should enter summary
judgment:
1. declaring that the income tax refunds at issue (the "Refunds of Taxes") are A
not the property of defendants and directing that they be tumed over to Big _
Lots;
2. requiring a full accounting by the defendants of the Reftmds of Taxes
previously received by them;
3. entering a liability judgment in favor of Big Lots based upon defendants’
conversion of the Refunds of Taxes; and
4. entering an injunction prohibiting defendants from asserting any rights to
the Refunds of Taxes presently held, or to be received by, defendants.
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Case 1 :04-cv-01310.-KAJ Document 12-4 Filed 06[01 /2005 Page 3 of 3 N .
I All issues with regard to damages should be reserved for a hearing at a later date.
An opening brief in support of summary judgment along with the Affidavit of L.
Michael Watts are being filed simultaneously herewith.
Dated: May 20, 2004 BLANK ROME LLP
J ·· Michael D. DeBaecke (No;. 3186)
1201 N. Market Street, Suite 800
Wilmington, Delaware 19801
(302) 425-6412
( · and I
Robert J. Sidman ’
1 William D. Kloss, Jr.
1 Vorys, Sater, Seymour and Pease LLP
1 52 East Gay Street
Columbus, Ohio 43215
2 (614) 464-6400
Attorneys for Big Lots Stores, Inc.
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