JTS Communities v. ZB, N.A. (In re International Manufacturing Group, Inc.)
Opinion
Lead Opinion
Bardwil, J.
*719 MEMORANDUM DECISION
This is the motion of the plaintiffs in this adversary proceeding to remand the action to the Sacramento County Superior Court, from which the action was removed by the defendants pursuant to 28 U.S.C. § 1452 . The defendants have filed opposition and the plaintiffs have filed a reply. For the following reasons, the motion will be granted.
Winn v. Chrysler Group, LLC, 2009 WL 5206647 , at *2, 2009 U.S. Dist. LEXIS 119661 , *5 (E.D. Cal. 2009).
The bankruptcy case in which this adversary proceeding is pending is a chapter 11 case in which a plan of liquidation was filed on October 12, 2016 and confirmed two and a half months later. A plan administrator was appointed pursuant to the plan. The plan administrator was not a party to the state court action before it was removed and is not a party to this adversary proceeding. Both the plaintiffs and the defendants in this adversary proceeding are, however, defendants in separate adversary proceedings brought by the then-chapter 11 trustee before the plan was confirmed and since maintained by the plan administrator. It is, in essence, based on these “connections” -with the bankruptcy case that the defendants…