In Re: Integra Realty Res v. Fidelity Cap Apprec

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. Doc# 2307583\¥ , 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 Doc# 2307583\1 , Case 1:94-cv-02581-WD|\/|-BNB Document 1416 Filed 05/24/07 USDC Co|orado Page 3 0f4 .- ¢’v W` `L_ q _. ..'.:: tr.irés`nrsra.icr ::.".. m THE uNrrEe sTATEs blsTRscr couRT °E""E‘* °°L°R“D° FoR THE blsrRicr oF coLoRAbo 1359 11 gmg 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 ' am -q`l ,a_-' .l' 1919 1 idtl`.-`_\ c~r_,_.PtlD)_.»-.~_“-....... ‘{-¢"