Silva
Silva v. Bollag Family Trust (In re Silva)
Opinion
Lead Opinion
Carroll, J.
MEMORANDUM REGARDING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF’S FIRST THROUGH SEVENTH CLAIMS FOR RELIEF
At the above captioned date and time, the court considered the Defendants’ Motion for Summary Judgment on Plaintiffs First Through Seventh Claims for Relief (“Motion”) filed by Defendants, Michael Bollag, The Bollag Family Trust (collectively, the “Bollags”) and MBB Properties, Inc. (“MBB”). Having considered the Motion, the response of the Plaintiff, Carlita Marie Silva (“Silva”) in opposition thereto, the reply, and argument of counsel, the court will grant the Motion as to Plaintiffs Fourth and Sixth Claims for Relief 1 based on the following findings made pursuant to F. R. Civ.P. 56, 2 as incorporated into FRBP 7056.
*175 I. UNCONTROVERTED FACTS
The court adopts and incorporates herein by reference (1) the Statement of Facts contained in its Memorandum Regarding Plaintiffs Motion for Preliminary Injunction [Dkt. # 18] filed in this adversary proceeding on March 9, 2015 and (2) Facts 1 through 16 set forth in the Proposed Statement of Uncontroverted Facts and Conclusions of Law Re Motion for Summary Judgment on Plaintiffs First Through Seventh Claims for Relief…