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In re TOUCH AMERICA HOLDINGS, INC, et al., CHAPTER 11, Debtors BRENT WILLIAMS, Plan Trustee for Touch America Holdings, Inc. and its Affiliated Debtor Entities, as Successor In Interest to the Former Committee of Unsecured Creditors Plaintiff, v. MARGARET A. McGREEVEY, THOMAS G. TAYLOR, JOANNE BARKELL, PATRICK BURTON, ROSALIE BURTON, JAMES DUDLEY, JOSEPH MARTELLI, and LAWRENCE A. LOMBARDO Defendants.

ORDER

KEVIN CAREY, Bankruptcy Judge

AND NOW, this 3rd day of February, 2009, upon consideration of (i) Motion to Dismiss (docket no. 20) (the "McGreevey Motion to Dismiss"), (ii) the Motion for Certification of Issues to the Montana Supreme Court (docket no. 22) (the "McGreevey Motion to Certify Issues"), and the Motion by the Plan Trustee for Summary Judgment, or in the Alternative, Preliminary Injunction (docket no. 35) (the "Trustee Summary Judgment Motion"), and the responses filed thereto, and after oral argument, and for the reasons set forth in the foregoing Memorandum, it is hereby ORDERED and DECREED that

(i) the McGreevey Motion to Dismiss and the McGreevey Motion to Certify Issues are DENIED;
(ii) the Trustee Summary Judgment Motion is GRANTED, in part, and it is declared that the third claim in the Fourth Amended Complaint filed in the case of McGreevey v. The Montana Power Company, pending in the United States District Court for the District of Montana, Butte Division (case no. 03-cv-01-BU-SEH) (defined as the "McGreevey O D Claim" in the foregoing Memorandum), is a derivative claim; and
(iii) the Trustee Summary Judgment Motion is DENIED, in part, regarding the Trustee's request for an injunction.

It is further ORDERED that an status hearing will be held on February 24, 2009 at 1:30 p.m. in Bankruptcy Courtroom No. 5, 824 Market Street, Fifth Floor, Wilmington, Delaware, to determine the remaining pre-trial needs of the parties, if any, and, if appropriate, to fix a trial date.

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IN RE TOUCH AMERICA HOLDINGS, INC (Bankr.D.Del. 2-3-2009)
(Feb 3, 2009)