IN RE TOPS HOLDING II CORP.

Case No. 18-22279 (RDD) (Jointly Administered) Adv. Pro. No. 20-08950.

646 B.R. 617 (2022)

IN RE: TOPS HOLDING II CORPORATION, et al., Debtors. Alan D. Halperin, as the Litigation Trustee for the Tops Holding Litigation Trust, Plaintiff, v. Morgan Stanley Investment Management, Inc., et al., Defendants.

United States Bankruptcy Court, S.D. New York.

Signed October 12, 2022.


Attorney(s) appearing for the Case

McKOOL SMITH, P.C., by Kyle A. Lonergan, Esq. , James H. Smith, Esq. , Joshua Newcomer, Esq. , Mike McKool, Esq. , and Lewis T. LeClair, Esq. for Plaintiff Alan D. Halperin, as the Litigation Trustee for the Tops Holding Litigation Trust.

O'MELVENY & MYERS LLP, by Pamela A. Miller, Esq. , Peter Friedman, Esq. , Daniel S. Shamah, Esq. , and Patrick D. McKegney, Esq. for Defendants Morgan Stanley Investment Management, Inc., Morgan Stanley Capital Partners V U.S. Holdco LLC, Gary Matthews, Eric Kanter, and Eric Fry.

GREENBERG TRAURIG, LLP, by Louis Smith, Esq. , Alan J. Brody, Esq. , and Matthew F. Bruno, Esq. for Defendants HSBC Equity Partners USA, L.P. and HSBC Private Equity Partners II USA LP.

PATTERSON BELKNAP WEBB & TYLER LLP, by Daniel A. Lowenthal, Esq. , for Defendant Begain Company Limited.

ALSTON & BIRD LLP, by Jonathan T. Edwards, Esq. , Steven Campbell, Esq. , and Evan Glasner, Esq. for Defendant Turbic Inc.

RICHARDS KIBBE & ORBE LLP, by David B. Massey, Esq. , Gregory G. Plotko, Esq. , and Rebecca L. Salk, Esq. for Defendants Gregory Josefowicz and Stacey Rauch.


MEMORANDUM OF DECISION ON MOTIONS TO DISMISS

Introduction1

In late 2007 a group of private investors led by Morgan Stanley, defined below, acquired the stock of the predecessor...

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