In Re: Tower Park Properties, LLC, a Delaware limited liability corporation

I. INTRODUCTION AND BACKGROUND

On December 15, 2016, plaintiff Tower Park Properties (“TPP”) filed this bankruptcy court adversary proceeding against defendant Fiduciary Trust International of California (“FTIC”’). Dkt. 12-1, Electronic Record (“ER”) 001-019 (“Compl.”). FTIC is sued in its capacity as Trustee of the Mark Hughes Family Trust (the “Trust”). Id. TPP alleges that FTIC breached a settlement agreement, which TPP executed with the previous trustees of the Trust on January 3, 2013. Id. TPP alleges claims for (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. Id. On March 22, 2017, the United States Bankruptcy Court, the Hon. Barry Russell, presiding, stayed TPP’s adversary proceeding pending resolution of a related Ninth Circuit appeal. ER 073. The Ninth Circuit issued its ruling on November 27, 2017, and TPP subsequently revived this adversary proceeding. FTIC moved for judgment on the pleadings on April 4, 2018. ER 075-100. Following a hearing, the bankruptcy court granted the motion, with prejudice, on May 23, 2018. ER 130-31. TPP filed an appeal of the bankruptcy court’s ruling on August 20, 2018. Dkt. …