Everett
Everett v. Art Brand Studios, LLC
Opinion
Lead Opinion
Koh, J.
ORDER GRANTING MOTION TO WITHDRAW REFERENCE
Plaintiff A. Kyle Everett, acting as the Chapter 7 Trustee (“Trustee”) for the bankruptcy estate of Pacific Metro, LLC (“Pacific Metro”), filed a complaint against six defendants in the United States Bankruptcy Court for the Northern District of California. Three of those defendants— Mark Mickelson (“Mickelson”), Art Brand Studios, LLC (“Art Brand Studios”), and Art Brand Retail LLC (“Art Brand Retail”) (collectively, “Defendants”) — move for withdrawal of the reference from the Bankruptcy Court to this Court. Pursuant to the Bankruptcy Local Rules, no hearing was held. See Bankr. L.R. 5011-2; Civil L.R. 16-4 (noting appeals from the Bank *440 ruptcy Court are governed by the Bankruptcy Local Rules). Having considered the submissions of the parties, the relevant law, and the record in this case, the Court hereby GRANTS Defendants’ motion to withdraw the reference.
I. BACKGROUND
A. Factual Background
Before filing for bankruptcy protection, Pacific Metro manufactured, distributed, and sold art and art-based products licensed from various artists, including primarily Thomas Kinkade (“Kinkade”). ECF No. 1-2 (“Compl”), ¶ 10. By 2008,…