Today’s hearing on the Demurrers and Pleas in Bar has been rescheduled to May 11, 2012.

The Court has issued a Scheduling Order establishing the trial date as April 1, 2013, with a jury.  The length of the trial is estimated to be four weeks.  All parties shall complete fact discovery by November 30, 2012, and expert designations and reports are due on December 14, 2012, with responsive expert reports due on January 15, 2013.  All expert depositions will be complete by February 28, 2013.

Today the Plaintiffs filed oppositions to the Defendants’ motions filed on November 21, 2012. The filings include an Opposition to the Director Defendants’ Demurrer and Plea in Bar, as well as briefs opposing Defendant Harbach’s Demurrer and Plea in Bar, and opposing the  Motion Craving Oyer.   The Demurrers and Pleas in Bar are scheduled to be heard in Court on March 30, 2012.

On November 21, 2011, the Director Defendants filed a Demurrer and Plea in Bar along with a supporting memo, objecting to all counts of the Complaint filed by the Liquidating Trustee against them.   Defendant Harbach also filed a Demurrer and Plea in Bar, with supporting brief, requesting that the Court dismiss the Complaint.   Defendant Harbach simultaneously filed a Motion Craving Oyer, requesting that the Court incorporate certain documents into the Complaint as Exhibits and to consider them in conjunction with its eventual ruling on the Demurrer and Plea in Bar.

Following a hearing on October 28, 2011, the US District Court for the Eastern District of Virginia issued an Order on November 3, 2011, granting the plaintiff’s motion to remand, and denying the Defendant’s motion to transfer.

The Liquidating Trustee filed a Response to the Defendant’s memorandum supporting their request to dismiss the case.

This Order granted the modification of the case briefing schedule on the Defendants’ Motion to dismiss and the Plaintiff’s Motion to remand.

The Defendants filed a Memorandum supporting their request to dismiss the case, and opposing the Liquidating Trustee’s motion to remand the case back to Fairfax County Circuit Court.

The Liquidating Trustee filed a Motion to remand the case back to Fairfax County Circuit Court, along with this Memorandum that supported the remand request, and opposed the Defendants’ Motion to dismiss the complaint, or to transfer it to Delaware.  The Liquidating Trustee also filed this Affidavit to assert the facts presented in the accompanying motion.

The Defendants filed this unopposed Motion for an extension of time to file pleadings or motions in the lawsuit filed by the Liquidating Trustee in Fairfax County Circuit Court.

The Defendants filed this Notice to remove the case from Fairfax County Circuit Court to the U.S. District Court for the Eastern District of Virginia, along with a Motion to dismiss the Complaint, or in the alternative, to transfer it to Delaware.   Also filed was this Memorandum in support of  that Motion.

The Liquidating Trustee filed this Complaint against the former CEO and former Board of Directors members in the Circuit Court for the County of Fairfax, Virginia.

The U.S. Bankruptcy Court for the Southern District of New York issued this Order granting the Liquidating Trutsee’s Motion for Relief from the Plan.

The U.S. Bankruptcy Court for the Southern District of New York issued a written decision that granted the Liquidating Trutsee’s Motion for Relief from the Plan.

The Defendants filed a Response opposing the motion to allow the Liquidating Trustee to file suit against CEO F. Edwin Harbach and the former Board of Directors in the Commonwealth of Virginia.

The Liquidating Trustee of the BearingPoint, Inc. Liquidating Trust filed a request with the U.S. Bankruptcy Court for the Southern District of New York for relief from the Plan that created the Trust. This relief was requested in two separate motions as a precursor to filing individual lawsuits against former BearingPoint Inc. CEO F. Edwin Harbach and the company’s former Board of Directors in the Commonwealth of Virginia.