Advanced Telecomm. Network, Inc. v. Flaster/Greenberg, PC (In re Advanced Telecomunication Network, Inc.)

Full title: In re ADVANCED TELECOMUNICATION NETWORK, INC., Debtor. ADVANCED…

Court: UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Date published: Mar 31, 2015

Case No. 6:03-bk-00299-KSJ (Bankr. M.D. Fla. Mar. 31, 2015)

Opinion

Case No. 6:03-bk-00299-KSJ Adversary No. 6:05-ap-00006-KSJ c/w Adversary No. 6:11-ap-00008-KSJ

03-31-2015

In re ADVANCED TELECOMUNICATION NETWORK, INC., Debtor. ADVANCED TELECOMMUNICATION NETWORK, INC., Plaintiff, v. FLASTER/GREENBERG, PC, et al., Defendants.

KAREN S. JENNEMANN Chief United States Bankruptcy Judge

Chapter 11 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT

Plaintiff and Reorganized Debtor, Advanced Telecommunication Network, Inc. ("ATN"), asks to amend for a second time its fraudulent transfer complaint against the Defendants, the law firm Flaster/Greenberg, PC and attorney Peter Spirgel.¹ ATN's proposed amendment updates and corrects allegations consistent with recent court rulings and, more significantly, adds claims arising under the Tort of Another Doctrine for attorney fees incurred by ATN in a prior adversary proceeding.² Defendants object only to ATN's additional claims for attorney fees.³ The Court will allow the requested amendment. Consistent with the Memorandum Opinion, entered simultaneously, it is

1 Doc. No. 124. Plaintiff voluntarily dismissed Defendant Steven Sacharow. Doc. No. 91.

2 Doc. No. 124, Ex. A at p. 25.

3 Defendants' Response, Doc. No. 126; Defendants' Supplemental Response, Doc. No. 129; Defendants' Surreply to Plaintiff's Supplemental Reply, Doc. No. 131.
--------

ORDERED:

1. The Motion (Doc. No. 124) is granted.

2. Plaintiff shall separately file its Second Amended Complaint no later than April 10, 2015.

3. Defendants shall answer the Second Amended Complaint by May 1, 2015.

4. A pretrial conference is scheduled this adversary proceeding for 2:00 p.m. on July 30, 2015, in Courtroom A, Sixth Floor, 400 West Washington Street, Orlando, Florida 32801. A separate order consistent with this Memorandum Opinion shall be entered simultaneously.

DONE AND ORDERED in Orlando, Florida, on March 31, 2015.

/s/_________

KAREN S. JENNEMANN

Chief United States Bankruptcy Judge
Jason Baruch, attorney for Debtor, is directed to serve a copy of this Memorandum Opinion on interested parties and file a proof of service within 3 days of entry of the Memorandum Opinion.