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IN RE SOLUTIONS LIQUIDATION LLC

Case No. 16-10627 (CSS) Jointly Administered Adv. Pro. No. 18-50304 (CSS).

608 B.R. 384 (2019)

IN RE SOLUTIONS LIQUIDATION LLC, et al., Debtors. Liquidation Trust of Solutions Liquidation LLC (f/k/a SDI Solutions LLC) and Solutions Opco Holdings, LLC (f/k/a SDI Opco Holdings, LLC), Through William Pederson as Liquidation Trustee, Plaintiffs, v. David Stienes, Michael Levenberg, Douglas Baker, David P. Taylor, and Paul G. Garver, Defendants.

United States Bankruptcy Court, D. Delaware.

Signed October 21, 2019.

Attorney(s) appearing for the Case

WOMBLE BOND DICKINSON (US) LLP, Matthew P. Ward, Ericka F. Johnson, 1313 N. Market Street, Suite 1200, Wilmington, DE 19801 and BRAGER EAGEL & SQUIRE, P.C., David J. Stone, 885 Third Avenue, Suite 3040, New York, NY 10022, Counsel to Plaintiff Liquidation Trust Of Solutions Liquidation LLC (f/k/a SDI Solutions LLC) and Solutions Opco Holdings, LLC (f/k/a/SDI Opco Holdings, LLC, by and through William Pederson, as Liquidation Trustee

CKR LAW, LLP, Marc J. Phillips, William R. Firth, III, 1000 N. West Street, Suite 1200, Wilmington, DE 19801, Counsel for Defendants David Stienes, Michael Levenberg, David P. Taylor and Paul D. Garver

HOGAN & MCDANIEL, Daniel C. Kerrick, Garvan F. McDaniel, 1311 Delaware Avenue, Wilmington, DE 19806, Counsel for Douglas Baker

OPINION

INTRODUCTION

Before the Court is the Defendants' Motion to Dismiss the First Amended Complaint (the "Motion") pursuant to Federal Rule of Civil Procedure 12(b)(6), made applicable in adversary proceedings by Federal Rule of Bankruptcy Procedure 7012(b), for its alleged failure to state a claim against...

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