COVENANT PARTNERS, L.P. et al v. FRETZ et al

Filing 47

ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTSWILLIAM B. FRETZ, JR. AND JOHN P. FREEMAN AND AGAINST PLAINTIFF GARY F. SEITZ, AS CHAPTER 7 TRUSTEE FOR THE ESTATE OF DEBTOR COVENANT PARTNERS, L.P., ON PLAINTIFFS ADVERSARY COMPLAINT FOR BREACH OF FIDUCIARY DUTY (BANKRUPTCY ADVERSARY NO. 16-00226, DOC. NO. 1 ). DEFENDANTS MOTION IN LIMINE TO PRECLUDE SECURITIES AND EXCHANGE COMMISSION (SEC) OFFERS OF SETTLEMENT (BANKRUPTCY ADVERSARY NO. 16-00226, DOC. NO. 64 ) IS DENIED AS MOOT. DEFENDANTS MOTION IN LIMINE TO BAR EVIDENCE FROM THE SECURITIES AND EXCHANGE COMMISSION AND EVIDENCE OF THE TRUSTEES DAMAGES (BANKRUPTCY ADVERSARY NO. 16-00226, DOC. NO. 66 ) IS GRANTED. DEFENDANTS MOTION IN LIMINE TO PRECLUDE FRORER HEARSAY STATEMENTS (BANKRUPTCY ADVERSARY NO. 16-00226, DOC. NO. 68 ) IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 9/13/18. 9/14/18 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: COVENANT PARTNERS, L.P.
GARY F. SEITZ,
as Chapter 7 Trustee for the Estate of Debtor
Covenant Partners, L.P.,

CIVIL ACTION
NO. 17-0052

Plaintiff,
v.
WILLIAM B. FRETZ, et al.,
Defendants.
ORDER
AND NOW, this 13th day of September 2018, in accordance with the Opinion of the
Court issued this day and following the bench trial held before this Court on January 22-25,
2018, it is ORDERED as follows:
1.

Judgment is entered in favor of Defendants William B. Fretz, Jr. and John P.
Freeman and against Plaintiff Gary F. Seitz, as Chapter 7 Trustee for the Estate of
Debtor Covenant Partners, L.P., on Plaintiff’s Adversary Complaint for Breach of
Fiduciary Duty (Bankruptcy Adversary No. 16-00226, Doc. No. 1).

2.

Defendants’ Motion in Limine to Preclude Securities and Exchange Commission
(SEC) Offers of Settlement (Bankruptcy Adversary No. 16-00226, Doc. No. 64) is
DENIED as moot.

3.

Defendants’ Motion in Limine to Bar Evidence from the Securities and Exchange
Commission and Evidence of the Trustee’s Damages (Bankruptcy Adversary No.
16-00226, Doc. No. 66) is GRANTED.

4.

Defendants’ Motion in Limine to Preclude Frorer Hearsay Statements
(Bankruptcy Adversary No. 16-00226, Doc. No. 68) is DENIED.

5.

The Clerk of Court shall close this case for statistical purposes.
BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.