Wells v. Valenty et al
Filing
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ORDER granting 14 Motion to Transfer Case to Bankruptcy Court for the Western District of Washington, signed by Judge Ronald B. Leighton.(DN)
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The Honorable Ronald B. Leighton
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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BRIAN WELLS, an individual,
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No. 3:11-cv-5880 RBL
Plaintiff,
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ORDER GRANTING MOTION FOR
REFERENCE OF ACTION TO
BANKRUPTCY COURT
v.
BENJAMIN VALENTY, an individual;
[Dkt. #14]
IMAGINART PUBLISHING, a California
General Partnership; IMAGINART, L.L.C., a
Nevada Limited Liability Company;
Defendants.
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This matter is before the Court on Plaintiff’s Motion for Reference of Action to
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Bankruptcy Court [Dkt. #14]. In October 2011, Plaintiff filed a complaint in this Court against
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Defendants, asserting various claims, including fraud, breach of contract, conversion, rescission,
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and consumer fraud. In November 2011, both Defendants separately filed a voluntary petition
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for relief in the United States Bankruptcy Court for the Central District of California. Plaintiff
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argues that this action should be referred to the United States Bankruptcy Court for the Western
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District of Washington for consideration of Plaintiff’s motion to transfer.
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Order - 1
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If there is some reason why it would make sense for a bankruptcy court to take over a
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lawsuit from district court, the proper procedure is for the party seeking the transfer to move the
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district court to refer the action to the bankruptcy court in the same district for further handling.
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In re Mitchell, 206 B.R. 204, 210 (Bankr. C.D. Cal. 1997). Because both Defendants have filed
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bankruptcy petitions in Bankruptcy Court for the Central District of California, Plaintiff is
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subject to potentially duplicative time and expenses associated with litigating claims in two
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different forums and two different jurisdictions. Therefore, this Court GRANTS Plaintiff’s
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motion to refer this matter to the Bankruptcy Court for the Western District of Washington, and
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the bankruptcy court can consider Plaintiff’s motion to transfer to the Bankruptcy Court for the
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Central District of California.
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The Plaintiff’s Motion [Dkt. #14] is GRANTED.
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IT IS SO ORDERED.
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DATED this 11th day of April, 2012.
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A
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE
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Order - 2
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