IN RE CONSOLIDATED BEDDING, INC.

Bankruptcy No. 09-11875 (BLS). Adversary No. 09-51936(BLS).

432 B.R. 115 (2010)

In re CONSOLIDATED BEDDING, INC., et al., Debtors. Jared Azzata, Alan Dambrauskas, Edward Schneider and David Jones, on their own behalf and on similarly situated, Plaintiffs, v. American Bedding Industries, Inc., Consolidated Bedding, Inc., Spring Air Partners-California, Inc., Spring Air Partners-Texas, Inc., and American Capital Strategies, Ltd., Defendants.

United States Bankruptcy Court, D. Delaware.

May 11, 2010.


Attorney(s) appearing for the Case

James E. Huggett, Margolis Edelstein, Wilmington, DE, Stuart J. Miller, Lankenau & Miller, LLP, New York, NY, Mary E. Olsen, M. Vance McCrary, J. Cecil Gardner, The Gardner Firm, P.C., Mobile, AL, for Plaintiffs, Jared Azzata, Alan Dambrauskas, Edward Schneider and David Jones.

Christopher P. Simon, Patrick M. Brannigan, Cross & Simon, LLC, Wilmington, DE, Justin S. Antonipillai, Robert A. Stolworthy, Jr., Arnold & Porter LLP, Washington, DC, for Defendant, American Capital, Ltd.


OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is a motion to dismiss (the "Motion") [Docket No. 57] filed by defendant American Capital Strategies, Ltd. ("Defendant" or "American Capital"). For the following reasons, the Court will grant the Motion and dismiss the Complaint with prejudice with regard to Defendant.

I. BACKGROUND

This adversary proceeding...

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