Thomason v. LSF10 Master Participation Trust

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATION - The Report and Recommendation entered on July 13, 2022 (Dkt. 2 ) is ADOPTED IN ITS ENTIRETY. The state court cases are REMANDED back to the state court. Thomasons discovery motion is MOOT. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Case 4:22-mc-00175-DCN Document 4 Filed 08/29/22 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MARILYNN THOMASON,
Petitioner,

Case No. 4:22-mc-00175-DCN
ORDER ADOPTING REPORT
AND RECOMMENDATION
(DKT. 2)

v.
LSF10 MASTER PARTICIPATION
TRUST,
Respondent.

I. INTRODUCTION
On July 13, 2022, Bankruptcy Judge Joseph M. Meier issued a Report and
Recommendation (“Report”), recommending (1) that the state court cases, removed
to the bankruptcy court via Marilyn Thomason’s motion, be remanded back to the
state court; (2) that the District Court find that the factors weigh in favor of
discretionary abstention by the federal courts; and (3) that the District Court deem
Thomason’s discovery motion moot because it was made in connection with the
removed cases.
Any party may challenge a bankruptcy judge’s proposed recommendation by
filing written objections within fourteen days after being served a copy of the report
and recommendation. 28 U.S.C. § 157; Fed. R. Bankr. P. 9033(b). Here, no one filed
written objections to the proposed recommendation.

ORDER - 1

Case 4:22-mc-00175-DCN Document 4 Filed 08/29/22 Page 2 of 3

II. STANDARD OF REVIEW
“[W]hen the bankruptcy court adjudicates a non-core matter, it only has the
power to make proposed findings of fact and law that a district court must review de
novo.” In re Plant Insulation Co., 734 F.3d 900, 908 (9th Cir. 2013) (cleaned up)
(citing 28 U.S.C. § 157(c)(1) and Fed. R. Bankr. P. 9033).
Federal Rule of Bankruptcy Procedure 9033(b) provides parties fourteen days
to object to the proposed findings of fact and law after they have been served with a
copy of the same. Thereafter, “[t]he district judge shall make a de novo review upon
the record or, after additional evidence, of any portion of the bankruptcy judge’s
findings of fact or conclusions of law to which specific written objection has been
made in accordance with this rule.” Fed. R. Bankr. 9033(d).
III. DISCUSSION
Pursuant to Federal Rule of Bankruptcy Procedure 9033(d), the Court has
undertaken a de novo review of the applicable record and finds support for Judge
Meier’s analysis and conclusion on this matter. The Court incorporates by reference
Judge Meier’s Report and Recommendations and adopts it as its own findings.
IV. ORDER
The Court HEREBY ORDERS:
1. The Report and Recommendation entered on July 13, 2022 (Dkt. 2) is
ADOPTED IN ITS ENTIRETY.

ORDER - 2

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2. The state court cases are REMANDED back to the state court.
3. Thomason’s discovery motion is MOOT.
DATED: August 29, 2022
_________________________
David C. Nye
Chief U.S. District Court Judge

ORDER - 3