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IN RE BEN FRANKLIN RETAIL STORES, INC.

Bankruptcy No. 96 B 19482, Adversary No. 98 A 01010.

231 B.R. 717 (1999)

In re BEN FRANKLIN RETAIL STORES, INC. Jackson National Life Ins. Co., et al., Plaintiffs, v. Robert A. Kendig, et al., Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

March 25, 1999.

Attorney(s) appearing for the Case

Gerald G. Saltarelli, Randi L. Ellias, Butler, Rubin, Saltarelli & Boyd, Chicago, IL, for Richard T. Krubeck.

Jeffrey Osterkamp, Phillip L. Stern, Freeman, Freeman & Salzman, Chicago, IL, for Non-Party, John Suedbeck.

Michael R. Hassan, Anne Kelly Turner, Lord, Bissell & Brock, Chicago, IL, Jeffrey L. Glatzer, Anderson, Kill & Olick, New York City, for Plaintiffs, Jackson Nat'l Life Insur. and Foothill Capital Corporation.

Peter B. Shaeffer, Chicago, IL, for Defendant David Brainard.

Peter Robert Sonderby, Chicago, IL, for Defendant Curtis W. Pryant.

David H. Kistenbroker, Freeborn & Peters, Chicago, IL, for Remaining Defendants.

Memorandum Opinion

RONALD BARLIANT, Bankruptcy Judge.

The Plaintiffs' have moved to compel depositions of various named defendants, and John Suedbeck, a non-party, has moved for a protective order delaying his deposition. The wide-spread reluctance to submit to depositions arises because of the peculiar procedural posture of this proceeding. On October 13, 1998, this Court entered an order ("Dismissal Order") dismissing the proceeding against all...

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