Everett

Everett v. Art Brand Studios, LLC

Good Law
2016 WL 4268693·556 B.R. 437·62 Bankr. Ct. Dec. (CRR) 262·2016 U.S. Dist. LEXIS 107923
United States District Court, Northern District of CaliforniaAugust 15, 2016Case No. 16-CV-01322-LHKCalifornia3,869 words

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,…

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