Presley Properties,LLC et al v. MDK Mortor Sports, LLC

Filing 21

ORDER by Judge Maria-Elena James TRANSFERRING ACTION TO BANKRUPTCY COURT; denying without prejudice 4 MOTION to Transfer Case TRANSFER VENUE filed by Richard J. Samson. Signed by Judge Maria-Elena James on 7/26/2010. (mejlc1, COURT STAFF) (Filed on 7/26/2010)

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Presley Properties,LLC et al v. MDK Mortor Sports, LLC Doc. 21 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California PRESLEY PROPERTIES, LLC, et al., v. Plaintiffs, No. C 10-1512 MEJ ORDER TRANSFERRING ACTION TO BANKRUPTCY COURT MDK MOTOR SPORTS, LLC, et al., Defendants. _____________________________________/ The Court is in receipt of the Declaration of Peter Isola Regarding Pending Motion to Transfer Venue. (Dkt. #19.) In his motion, Mr. Isola directs the Court's attention to a similar case in this district, which the Honorable Richard Seeborg transferred to the bankruptcy court. See Gilbert v. MDK Motor Sports, LLC, C-10-1511 RS, Order Transferring Action to Bankruptcy Court, Dkt. #34. In that case, Judge Seeborg found that the notice of removal was initially drafted with the understanding that it would be filed in the bankruptcy court, although that paragraph (6) had been crossed out by hand. Here, too, the notice of removal was drafted with the understanding that it would be filed in the bankruptcy court, and that paragraph (also 6) has been crossed out by hand. As in the Gilbert matter, it appears that this case should have been removed to the bankruptcy court. See In re Eyecare of So. California, 258 B.R. 765, 768 (2001); General Order 24. Accordingly, good cause appearing, this action is hereby transferred to the bankruptcy court for the Northern District of California pursuant to the referral of bankruptcy matters found in General Order 24. This order is without prejudice to Richard Samson's pending motion to transfer venue, which may be re-noticed for hearing in the bankruptcy court. IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 26, 2010 _______________________________ Maria-Elena James Chief United States Magistrate Judge Dockets.Justia.com

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