Hoffman v. Adelman (In re Sci Real Estate Invs., LLC)

Peter H. Carroll

Based on findings of fact and conclusions of law set forth in the Memorandum Decision of even date herewith, it is

ORDERED that the motion of Defendants, Joel D. Adelman, et al. ("Defendants") to dismiss Plaintiffs Complaint for: (1) Avoidance and Recovery of Actual Fraudulent Transfers [11 U.S.C. §§ 544(B), 550(A), 551 and California Uniform Fraudulent Transfer Act, Cal. Civ. Code Sections 3439.01 - 3439.12]; (2) Avoidance and Recovery of Constructive Fraudulent Transfers [11 U.S.C. §§ 544(B), 550(A), 551 and California Uniform Fraudulent Transfer Act, Cal. Civ. Code Sections 3439.01 - 3439.12]; and (3) Second Omnibus Objection to and Disallowance of Claims Held by Defendants [See Attached Exhibit 1 for List of Defendants' Proofs of Claim] [11 U.S.C. §§ 502(B)(1) and 502(D)] ("Complaint") is granted pursuant to F.R.Civ.P. 12(b)(6) with leave to amend; and it is further

ORDERED that Plaintiff must file and serve Plaintiff's First Amended Complaint not later than June 3, 2013; and it is further

ORDERED that Defendants must file and serve an answer or other response to Plaintiff's First Amended Complaint not later than June 28, 2013.

____________

Peter H. Carroll

United States Bankruptcy Judge

Notice is given by the court that a judgment or order entitled (specify): Order Granting Defendants' Motion to Dismiss was entered on the date indicated as "Entered" on the first page of this judgment or order and will be served in the manner stated below: 1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) - Pursuant to controlling General Orders and LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the judgment or order. As of(date)05-1-2013 , the following persons are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below.

• Kay S Kress kressk@pepperlaw.com, alexsym@pepperlaw.com
• Christine M Pajak cpajak@stutman.com
• Penelope Parmes pparmes@rutan.com
• United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov

[ ] Service information continued on attached page 2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the addresses indicated below:

[ ] Service information continued on attached page