In Re: Tower Park Properties, LLC

I. INTRODUCTION

On December 15, 2016, plaintiff Tower Park Properties (“TPP”) filed a bankruptcy court adversary proceeding against defendant Fiduciary Trust International of California (“FTIC”). Dkt. 17, Electronic Record (“ER”) 1467-1527 (“Compl.”). FTIC was sued in its capacity as Trustee of the Mark Hughes Family Trust (the “Trust”). Id. TPP alleged that FTIC breached a settlement agreement which TPP executed with the previous trustees of the Trust on January 3, 2013 (“the Settlement Agreement”). Id. TPP alleged claims for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. Id. On March 22, 2017, the United States Bankruptcy Court, the Hon. Barry Russell, presiding, stayed plaintiff's adversary proceeding pending resolution of a related Ninth Circuit appeal. On November 27, 2017, the Ninth Circuit issued its ruling, ER 1587- 1589, and FTIC subsequently revived this adversary proceeding. On April 4, 2018, after the Ninth Circuit issued its opinion, FTIC moved for judgment on the pleadings. On June 7, 2018, following a hearing, the Bankruptcy Court granted defendant’s motion with prejudice. ER 1636-1637. On August…