Screen Capital International Corp. v. Library Asset Acquisition Co. (In re ThinkFilm, LLC)

Good Law

2014 WL 1660033·510 B.R. 266·2014 U.S. Dist. LEXIS 59549

United States District Court, Central District of CaliforniaApril 25, 2014No. CV 13-5576 PSG; Bankruptcy No. 10-19912-BR; Adversary No. 12-1600-BRCalifornia6,967 words

Opinion

lead Opinion

Gutierrez, J.

*269 Proceedings: (In Chambers) Order AFFIRMING in Part and REVERSING and REMANDING in Part Bankruptcy Court’s Order Granting Library Asset Acquisition Company’s Motion to Dismiss the Second Amended Complaint

Before the Court is an appeal from bankruptcy matter In re ThinkFilm, LLC, USBC No. 2:10-bk19912-BR. Dkt. # l. 1 In this appeal, Plaintiff Screen Capital International Corp. (“SCIC” or “Appellant”) challenges a July 17, 2013 Order from the United States Bankruptcy Court for the Central District of California (“Bankruptcy Court”) granting Defendant Library Asset Acquisition Company, Ltd.’s (“LAAC”) Motion to Dismiss the Second Amended Complaint (“SAC”). The Court finds the appeal appropriate for decision without oral argument. Fed.R.Civ.P. 78(b); L.R. 7-15. After considering the papers filed in support and opposition, the Court AFFIRMS in part and REVERSES and REMANDS in part the Bankruptcy Court’s July 17, 2013 Order granting LAAC’s Motion to Dismiss.

I. Background

SCIC brings these actions against TFC Library, LLC (“TFC”), LAAC, and Zelus, LLC (“Zelus”), pursuant to a stipulation transferring standing from the Chapter 11 Trustee of the bankruptcy estates of the Debtors…

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