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Presley Properties, LLC v. MDK Motor Sports

UNITED STATES DISTRICT COURT Northern District of California


July 26, 2010

PRESLEY PROPERTIES, LLC, ET AL., PLAINTIFFS,
v.
MDK MOTOR SPORTS, LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER TRANSFERRING ACTION TO BANKRUPTCY COURT

The Court is in receipt of the Declaration of Peter Isola Regarding Pending Motion to 11 Transfer Venue. (Dkt. #19.) In his motion, Mr. Isola directs the Court's attention to a similar case 12 in this district, which the Honorable Richard Seeborg transferred to the bankruptcy court. See Gilbert v. MDK Motor Sports, LLC, C-10-1511 RS, Order Transferring Action to Bankruptcy Court, Dkt. #34. In that case, Judge Seeborg found that the notice of removal was initially drafted with the understanding that it would be filed in the bankruptcy court, although that paragraph (¶6) had been crossed out by hand. Here, too, the notice of removal was drafted with the understanding that it would be filed in the bankruptcy court, and that paragraph (also ¶6) has been crossed out by hand.

As in the Gilbert matter, it appears that this case should have been removed to the bankruptcy court. See In re Eyecare of So. California, 258 B.R. 765, 768 (2001); General Order 24. Accordingly, good cause appearing, this action is hereby transferred to the bankruptcy court for the Northern District of California pursuant to the referral of bankruptcy matters found in General Order 24. This order is without prejudice to the parties' pending motions to transfer venue and to remand to state court, both of which may be re-noticed for hearing in the bankruptcy court.

IT IS SO ORDERED.

20100726

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