IN RE ASTROPOWER LIQUIDATING TRUST

MARY WALRATH, Bankruptcy Judge

AND NOW, this 2nd day of OCTOBER, 2006, upon consideration of the Motion of the Merrill Lynch Defendants to dismiss the Amended Complaint filed by the Plaintiff for lack of personal jurisdiction, and the response thereto, for the reasons set forth in the accompanying Memorandum Opinion, it is hereby

ORDERED that the Motion to dismiss is GRANTED; and it is further ORDERED that the above adversary proceeding is DISMISSED as to the Merrill Lynch Defendants for lack of personal jurisdiction.