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IN RE PENNYSAVER USA PUBLISHING, LLC

Case No.: 15-11198 (CSS) Jointly Administered Adv. Proc. No.: 17-50530 (CSS).

587 B.R. 445 (2018)

IN RE: PENNYSAVER USA PUBLISHING, LLC, et al., Debtors. Don A. Beskrone, Chapter 7 Trustee PennySaver USA Publishing, LLC, et al., Plaintiff, v. OpenGate Capital Group, OpenGate Capital Management Group, LLC, Andrew Nikou, Jay Yook, Daniel Abrams, Alana S. Chaffin, Vijay K. Mony, and Virginia Anne Thornton, Defendants.

United States Bankruptcy Court, D. Delaware.

Signed July 11, 2018.

Attorney(s) appearing for the Case

ASHBY & GEDDES, P.A., Stephen E. Jenkins , Ricardo Palacio , 500 Delaware Avenue, 8th Floor, P.O. Box 1150, Wilmington, Delaware 19899, Counsel to the Chapter 7 Trustee.

DLA PIPER LLP (US), Craig Martin , 1201 N. Market Street, Suite 2100, Wilmington, DE 19801 and ALSTON & BIRD LLP, Jeffrey A. Rosenfeld (pro hac vice), 333 S. Hope Street, 16th Floor, Los Angeles, California 90071, Co-Counsel for the Defendant.

OPINION1

INTRODUCTION

Before the Court is the defendants' (the "Defendants") motion to dismiss (the "Motion to Dismiss") Counts X-XII, XIV-XVIII in the above captioned adversary action for failure to state a claim upon which relief could be granted pursuant...

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