Free Order on Motion to Withdraw Reference - District Court of Delaware - Delaware


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Date: June 15, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—00068—SLR Document 16 Filed 06/15/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
)
CTC COMMUNICATIONS GROUP, ) Chapter I1
INC., CTC COMMUNICATIONS )
CORP., CTC COMMUNICATIONS OF ) Case N0. O2—12873(PAW)
VIRGINIA, INC., and CTC )
COMMUNICATIONS LEASING CORP. )
)
)
)
THE CTC LITIGATION TRUST, )
)
Plaintiff, )
)
v. ) Civ. N0. 05-068-SLR
)
ROBERT J. FABBRICATORE, et al.)
)
Defendants. )
O R D E R
At Wilmington this P+"\day of June, 2005, having
reviewed the motion filed by the outside director defendants to 2
withdraw the reference, and the papers filed in connection l
therewith; I
IT IS ORDERED that said motion (D.I. I) is denied.
Although the procedural background to this motion is somewhat
troubling,1 I am persuaded that the crux of the complaint
‘I note in this regard that the bankruptcy judge ruled on a E
motion to transfer (D.I. 80, 123) before the instant motion was §
resolved, despite the fact that the instant motion was first i
filed. I also note that the Trust failed to mention in its }
complaint that the debtor was a Delaware corporation. =
ll
I

Case 1:05-cv—00068—SLR Document 16 Filed 06/15/2005 Page 2 of 2
involves core claims asserted against Massachusetts citizens, and
all counts of the complaint should be tried to the same tribunal.
United States gistxict Judge
2