Frederick P. Corbit
So Ordered.
__________
Bankruptcy Judge
REPORT AND RECOMMENDATION
RE: ORDER GRANTING MOTION
FOR PARTIAL SUMMARY
JUDGMENT AGAINST DEFENDANT
TYLER FOERSTNER
The Honorable Frederick P. Corbit, sitting in the United States Bankruptcy Court for the Eastern District of Washington, hereby files this Report and Recommendation regarding the plaintiff's Amended Motion for Partial Summary Judgment (ECF No. 71) filed with the bankruptcy court in this adversary proceeding.
This Report and Recommendation is made pursuant to the Honorable Rosanna Malouf Peterson's Order Withdrawing the Reference and Referring Back to Bankruptcy Court for Further Proceedings (ECF No. 12) entered on April 25, 2012 in District Court Case No. CV-12-67-RMP.
On July 26, 2013, the plaintiff filed and served an Amended Motion for Partial Summary Judgment (ECF No. 71) directed at fixing amounts the defendant invested in the debtor and the amounts the defendant received from the debtor. The defendant failed to respond to the motion.
A hearing was held on the plaintiff's Amended Motion for Partial Summary Judgment on August 9, 2013 and the defendant failed to appear. The court granted the plaintiffs motion and a copy of said order is attached to this Report and Recommendation.
Recommendation
The District Court should grant the plaintiffs Amended Motion for Partial Summary Judgment as the defendant failed to file any response to the motion or appear at the scheduled hearing.
///END OF REPORT AND RECOMMENDATION///
So Ordered.
__________
Frederick P. Corbit
Bankruptcy Judge
Thomas D. Cochran, WSBA No. 5910
Duane M. Swinton, WSBA No.
Shelley N. Ripley, WSBA No. 28901
WITHERSPOON • KELLEY
Attorneys to Bruce P. Kriegman, Chapter 11 Trustee In Re: LLS AMERICA, LLC, et al., Debtor. BRUCE P. KRIEGMAN, solely in his capacity as court-appointed Chapter 11 Trustee for LLS America LLC, Plaintiff,
Please refer to the Substantive Consolidation Order (Docket No. 771) for a listing of the consolidated debtor-entities.
v. TYLER FOERSTNER, Defendant.
Bankruptcy No. 09-06194-PCW11
Adversary No. 11-80110-PCW11
ORDER GRANTING MOTION FOR
PARTIAL SUMMARY JUDGMENT
AGAINST DEFENDANT TYLER
FOERSTNER RE: AMOUNTS PAID
This matter came before the Court on August 9, 2013 for a status conference on Plaintiff's Motion for Summary Judgment as required by LBR 7056-1(c). The Defendant did not appear at the status conference and did not file any opposition to the Plaintiff's Motion for Partial Summary Judgment. The Defendant filed an answer in this case, but has taken no other action in this case. Having reviewed the documents and pleadings in support of the Motion for Partial Summary Judgment, there being no opposition to the Motion for Partial Summary Judgment, no appearance by the Defendant at the status conference, and being duly advised in the premises,
IT IS HEREBY ORDERED that the Plaintiff's Motion for Partial Summary Judgment is granted.
// End of Order//
Presented by: WITHERSPOON • KELLEY __________
Daniel J. Gibbons, WSBA No. 33036
Attorneys for Plaintiff