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IN RE EXDS, INC.

Bankruptcy No. 01-10539 (PJW). Adversary No. 03-56183(PJW).

316 B.R. 817 (2004)

In re EXDS, INC. (f/k/a Exodus Communications, Inc.), et al., Debtors. EXDS, Inc. (f/k/a Exodus Communications, Inc.), Plaintiff, v. Ernst & Young LLP, Defendant.

United States Bankruptcy Court, D. Delaware.

November 19, 2004.

Attorney(s) appearing for the Case

William P. Bowden, Ashby & Geddes, Wilmington, DE, Peter A. Wald, James K. Lynch, Latham & Watkins LLP, San Francisco, CA, for Defendant Ernst & Young LLP.

Joanne P. Pinckney, John M. Seaman, Bouchard, Margules & Friedlander, Wilmington, DE, Richard F. Levy, Richard T. Franch, Brian H. Meldrum, Lee J. Strang, Jenner & Block, LLC, Chicago, IL, for Plaintiffs/Debtors EXDS, Inc. (f/k/a Exodus Communications, Inc.) and the EXDS Plan Administrator.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

Before the Court is Ernst & Young LLP's ("E & Y") motion (Doc. #11) to dismiss the complaint of EXDS, Inc. (f/k/a Exodus Communications, Inc.) ("EXDS") and enforce alternative dispute resolution. For the reasons set forth below, I will deny E & Y's motion to dismiss but will enforce alternative dispute resolution ("ADR") with respect to five counts and stay proceedings with respect to one count...

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