O'NEILL v. WARBURG PINCUS & COMPANY

116009/2003, Motion Seq. No. 005, 116263/2003, (Mot. Seq. No. 004)

2006 NY Slip Op 30548(U)

LAWRENCE DANIEL O'NEILL, JAMES VALENTINE and MICHAEL KEANE, Plaintiffs, v. WARBURG PINCUS & COMPANY, WARBURG PINCUS EQUITY PARTNERS, L.P., E.M. WARBURG, PINCUS & CO., INC., WARBURG, PINCUS NETHERLANDS EQUITY PARTNERS I, C.V., WARBURG PINCUS NETHERLANDS EQUITY PARTNERS II, C.V., WARBURG, PINCUS NETHERLANDS EQUITY PARTNERS III, C.V., ROBERTO ITALIA and ROBERT GLANVILLE, Defendants. PHILIP BAILLIEU, BANCO NOMINEES (GUERNSEY) LTD, SIMON BREWER, CADDER LIMITED, BART CARNAHAN, CHAMONIX HOLDINGS ENTERPRISES LIMITED individually and as assignee of STEVE WYATT, GERALD CREAGH, MICHAEL CREAGH, PIERS LT E MONTFORT, WILLIAM EDGERLEY, THE REISSE FAMILY FOUNDATION, INVESTEC TRUST GUERNSEY LIMITED, SHARANBIR BRIJNATH as assignee of KENNETH KARMIN, THOMAS KEANE, BEATRICE M. LOWENTHAL, MR. & MRS. MATTHEW PATRICK, PETER REDDEN, THE SRILA FOUNDATION, ROBIN J. START, NOHA AL-TURKI and WEATONS HOLDINGS LIMITED, Plaintiffs, v. WARBURG PINCUS & COMPANY, WARBURG PINCUS EQUITY PARTNERS, L.P., E.M. WARBURG, PINCUS & CO, INC., WARBURG, PINCUS NETHERLANDS EQUITY PARTNERS I, C.V., WARBURG PINCUS NETHERLANDS EQUITY PARTNERS II, C.V., WARBURG, PINCUS NETHERLANDS EQUITY PARTNERS III, C.V., ROBERTO ITALIA and ROBERT GLANVILLE, Defendants.

Supreme Court of the State of New York, New York County.

February 6, 2006.


HERMAN CAHN, Judge.

Defendants move in each of these actions for summary judgment dismissing plaintiffs' complaints, CPLR 3212.

BACKGROUND

The underlying facts in these actions have been detailed in prior decisions and orders of this court, familiarity with which is presumed.

QoS Networks Limited (QoS or the Company) was an Irish telecommunications corporation formed on November 12, 1999, to develop a new type of global telecommunications...

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