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IN RE FLEMING COMPANIES, INC.

Bankruptcy No. 03-10945 (MFW). Adversary No. 10-53159 (MFW).

444 B.R. 127 (2011)

In re FLEMING COMPANIES, INC., et al., Debtors. Post-Confirmation Trust, Plaintiff, v. Wayne Berry, et al., Defendants.

United States Bankruptcy Court, D. Delaware.

February 2, 2011.

Attorney(s) appearing for the Case

Richard L. Wynne, Esquire , Erin N. Brady, Esquire , Jones Day, Los Angeles, CA, Laura Davis Jones, Esquire , Scotta E. McFarland, Esquire , James E. O'Neill, III, Esquire , Pachulski, Stang, Ziehl & Jones LLP, Wilmington, DE, for the Post-Confirmation Trust.

Timothy J. Hogan, Esquire , Honolulu, HI, for the Defendant.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of Wayne Berry and his attorney Timothy Hogan (collectively the "Defendants") to dismiss or, in the alternative to sever and transfer venue of the Amended Complaint filed by the Post-Confirmation Trust (the "PCT"). For the reasons set forth below, the Court will deny the Motion.

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