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IN RE SOUTHWEST SUPERMARKETS, LLC

Bankruptcy No. 2-01-14805-RJH, Bankruptcy No. 2-01-14806-RJH, Bankruptcy No. 2-01-14807-RJH, Bankruptcy No. 2-01-14808-RJH, Bankruptcy No. 2-01-14809-RJH, Bankruptcy No. 2-01-14810-RJH, Bankruptcy No. 2-01-14811-RJH, Bankruptcy No. 2-01-14812-RJH, Adversary No. 03-00945.

325 B.R. 417 (2005)

In re SOUTHWEST SUPERMARKETS, LLC, Debtor. Daniel P. Collins, Trustee for the Bankruptcy Estate of Southwest Supermarkets, L.L.C.; Southwest Holdings, L.L.C., Plaintiffs, v. Kohlberg and Company, et al., Defendants.

United States Bankruptcy Court, D. Arizona.

May 26, 2005.

Attorney(s) appearing for the Case

Marty Harper, Gary D. Ansel, Kelly J. Flood, Andrew S. Jacob, Shughart, Thomson & Kilroy, P.C., Anthony R. Lucia, Curt W. Clausen, Lucia, Stark, Williamson, L.L.P., Phoenix, AZ, for Plaintiff Trustee.

Richard M. Lorenzen, Charles A. Blanchard, Perkins, Coie, Brown & Bain, P.A., Phoenix, AZ, Leslie G. Fagen, Robert N. Kravitz, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City, for Defendants Kohlberg and Company, et al.

Michael R. Scheurich, Robert A. Shull, Mariscal, Weeks, McIntyre & Friedlander, P.A., for Defendants Edmond Beaith, Harold Gaubert, Jr., Lora Gentles, Erich Sielaff, Louis Vannatta, Andrew M. Vigil and John Williams.

Ronald W. Myers, Phoenix, AZ, for Defendant Bruce Kromer.

Richard A. Segal, Gust Rosenfeld P.L.C., Phoenix, AZ, for defendant Pack.

Doug Tobler, Hammond & Tobler, P.C., Phoenix, AZ, for Defendant Michael S. Geele.

OPINION RE KOHLBERG'S MOTION TO DISMISS SECOND AMENDED COMPLAINT

RANDOLPH J. HAINES, Bankruptcy Judge.

Defendants' motion to dismiss argues that statutes of limitations bar the Trustee's claims for breaches of fiduciary duty and for avoidance of fraudulent transfers to themselves by the Debtor's managers. The Court concludes that the protections of statutes of limitations are not available to self-dealing fiduciaries. The Court also concludes that the discovery...

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