1:94-cv-02581 | D. Colo. | May 24, 2007
, Case 1:94-cv-02581-WD|\/|-BNB Document 1416 Filed 05/24/07 USDC Co|orado Page 1 0f4
IN THE UNITED S'I`ATES DISTRICT COURT
FOR THE DIS'I`RICT ()F COLORADO
JUDGE WALKER D. MILLER
Civil Action N0. 94-cv-02581-WDM~BNB
In re: ) Adversary Proceeding N0. 94-1370-PAC
) Chapter 11
INTEGRA REALTY RESOURCES, INC., ) Case N0. 92-18853-DEC
and )
INTEGRA - A I-IOTEL AND RESTAURANT ) Case N0. 92-18854-PAC
COMPANY )
Tax I.D. N0. XX-XXXXXXX )
and )
BHC OF DENVER, INC., ) Case N0. 92-18855-CEM
Tax I.D. N0. 74-27914828 )
) lointly Administered under
Debtors. ) Case N0. 92-18853-DEC
)
)
Jeffrey A. Weinma.n, as Trustee )
for the Integra Unsecured Creditors’ Trust, )
)
Plaintiff, )
v. )
)
Fidelity Capital Appreciation Fund, et al., )
)
Defendants. )
REVIVED FINAL JUDGMENT N0. 66
THE COURT, having granted Plaintiff’s Motion for Revival of Judgments on March 22,
2007 (Docket N0. 1401), HER_EBY ORDERS that Final Judgment N0. 66, originally entered by the
Court on December 11, 2001, is hereby revived effective March 22, 2007, to the extent described
herein.
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, Case 1:§4-cv-02581-WD|\/|-BNB Document 1416 Filed 05/24/07 USDC Co|orado Page 2 0f4
This revival is limited to those Judgrnent Debtors and sums owed by them that have not been
satisfied since the original Judgment’s entry. Accordingly, the Court expressly limits this Revival to
those Judgment Debtors and sums listed on the attached redacted Final Judgment N0. 66, which
excludes Judgment Debtors and sums that have been satisfied The Coult authorized such redactions
by Order dated August 27, 2001 (Docket N0. 983).
Post-judgment interest shall continue to accrue as set forth in the original Judgment, dating
from the original Judgrnent’s entry.
DATED at Denver, colorado, this ;Z,_
B
sf Walker D. Miller
UNITED STA"[ES DISTR_ICT JUDGE
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, Case 1:94-cv-02581-WD|\/|-BNB Document 1416 Filed 05/24/07 USDC Co|orado Page 3 0f4
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JUDGE WALKER D. MlLLER
JAtiESR.}.IANSPEiKZ-'.R'
Civii Action N0. 94-WM-2581 _ _ __ __ ‘
Adversary Proceeding N0. 94-1370~PAC
INTEGRA REALTY RESOURCES, lNC.. Bankruptcy No. 92-18853~DEC'
and
INTEGRA-A HOTEL AND RESTAURANT '
COMPANY, Tax ID No. XX-XXXXXXX Bankruptcy N0. 92»18854-PAC
and
BHC OF DENVER, |NC.. Tax lD No.
74»27914828, Bankruptcy No. 92-18855-CEM
Debtors. Joint|y Administered Under
Case N0. 92-18853-DEC
JEFFREY A. WEINMAN. as Trustee
for the Integra Unsecured Creditors’ Trust,
Plaintiff,
v.
F|DEL|TY CAP|TAL APPREC|ATION FUND.
et al.,
Defendants.
ORDER OF JUDGMENT ON THE PLEAD|NGS
Mi||er, J.
This matter is before _me on the motion for judgment on the pleadings filed by
plaintiff on Ma'y 24, 2000. The motion is unopposed and will be granted.
ln the May 24. 2000 motion, plaintiff requests judgment against defendant First
Manhattan Co. in the amount of $2,?02. Plaintiff argues that First Manhattan waived its
individual defense that the majority of its 429 ShowBiz shares were distributed to the
"actual beneficial owner" because it did not raise this defense. as required, within thirty
-"-_»-.
H, Case 1:94-cv-02581-WD|\/|-BNB Document 1416 Filed 05/24/07 USDC Co|orado Page 4 0f4
h days of receipt of the Notice of Certiflcation of Defendant Class Action and Rights of
Ctass Membersi served in June 1995. First Manhattan raised the defense for the first
time after the entry of the C|ass Settlement Order in 1999.
First Manhattan. by its lack of response to the motion for judgment on the
pleadings, concedes plaintiffs right to the requested judgment
Accordingly, it is ordered:
1. _ P|aintiff's motion for judgment on the pleadings, filed May 24i 2000. is granted.
2. Judgment shall enter in favor of plaintiff and against defendants First Manhattan
Co. in the amount of $2,702.00.
DATED at Denver. Co|orado. this 5 day of December,
BY HE CO T:
5 ‘ ` ‘ " . Watker D. Miner
' '. ' ‘ united states oistrict Judge
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