KOB Inc. v. Brand (In re Brand)

MEMORANDUM OF DECISION DISMISSING ADVERSARY PROCEEDING WITH PREJUDICE AS TO DECEASED DEFENDANT JACKIE BRAND, JR.

The Court issued an order to show cause [Dk. 41] (“OSC”) setting a- hearing for *38 February 3, 2016, and allowing for parties to file briefs concerning the impact of the death of Defendant Jackie Brand, Jr. (“Mr.Brand”) upon this § 727 1 action. Plaintiff filed a brief in opposition to dismissing Mr. Brand [Dk. 44] (“Plaintiffs Brief’) and Defendant Marla Robin Brand (“Mrs.Brand”) filed a reply brief supporting dismissal [Dk. 46] (“Mrs. Brand’s Brief’). The Court finds this matter appropriate for disposition without oral argument.

The Court has carefully considered the Plaintiffs Brief, Mrs. Brand’s Brief, and the record as a whole, and for the reasons set forth below, this adversary proceeding is DISMISSED with prejudice as to Mr. Brand. The OSC hearing is VACATED. This § 727 proceeding shall proceed to trial on May 3, 2016, at 9:30 a.m. as to Defendant Mrs. Brand. The Court writes this memorandum decision to explain its reasoning on the as-of-yet undetermined issue in the Ninth Circuit presented by the application of Federal Rule of Civil Procedure (“Rule”) 25 to…