Free Order on Motion for Leave to Appeal - District Court of Delaware - Delaware

Case 1:04-mc-00012-GMS

Document 8

Filed 06/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: ) ) AMERICAN TISSUE, INC., et al., ) ) Debtors. ) ____________________________________) AMERICAN TISSUE CORPORATION, ) ) Plaintiff, ) v. ) ) PLASTIRUN CORPORATION, ) ) Defendant. )

Chapter 11 Case No. 01-10370 (LHK) Jointly Administered

C.A. No. 04mc12 (GMS)

ORDER WHEREAS, on December 16, 2003, Plastirun Corporation ("Plastirun") filed a motion for leave to appeal from the District of Delaware Bankruptcy Court's (the "Bankruptcy Court") December 8, 2003 Order denying its motion to dismiss for insufficient service of process; WHEREAS, on December 31, 2003, American Tissue, Inc. ("ATI") filed a response in opposition to Plastirun's motion; WHEREAS, pursuant to 28 U.S.C. § 1292(b), a district court may grant leave to file an interlocutory appeal provided: (1) the order involves a controlling question of law; (2) there is substantial ground for a difference of opinion regarding the order; and (3) an immediate appeal from the order may materially advance the ultimate termination of the litigation1; and

See 28 U.S.C. § 1292(b); Chase Manhattan Bank v. Iridium Africa Corp., 324 F. Supp. 2d 540, 544-45 (D. Del. 2004).

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Case 1:04-mc-00012-GMS

Document 8

Filed 06/05/2006

Page 2 of 2

WHEREAS, after having considered the parties' submissions on the issues (D.I. 1-3), the court concludes that the Bankruptcy Court's December 8, 2003 Order denying Plastirun's motion to dismiss does not satisfy the requirements of 28 U.S.C. § 1292(b); IT IS HEREBY ORDERED that: 1. The defendant's Motion for Leave to Appeal from the Interlocutory Order Denying its Motion to Dismiss (D.I. 1) is DENIED.

Dated: June 6, 2006

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE

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