Ann Banda & Amin Devon Jones v. David Tang, et al.

Summary

The court denies the plaintiffs’ requests for a temporary restraining order and preliminary injunctive relief, approves and adopts the bankruptcy judge’s report and recommendation, and denies withdrawal of the bankruptcy reference. The court concludes that the motion was untimely because the underlying bankruptcy case had been closed and that the asserted statutory and constitutional claims did not establish valid causes of action. The civil action is dismissed.

Holdings

1. Injunctive relief was unavailable because Plaintiffs could not establish a substantial likelihood of success on the merits; failure to satisfy any one of the four prerequisites precludes issuance of a temporary restraining order.
2. A motion to withdraw the reference is untimely when filed after the underlying bankruptcy case has been finally disposed of and closed; thereafter, the district court proceeds, if at all, under its appellate jurisdiction.
3. Mandatory withdrawal was not required because Plaintiffs' asserted claims did not have merit and did not require substantial and material consideration of non-bankruptcy federal law.
4. The civil action was dismissed because Plaintiffs had no valid causes of action remaining.

Questions Presented

1. Whether Plaintiffs were entitled to a temporary restraining order or preliminary injunctive relief.
2. Whether Banda's motion to withdraw the reference was timely after the Chapter 7 case had been dismissed and closed.
3. Whether mandatory withdrawal of the reference was required because the asserted claims allegedly required substantial and material consideration of non-bankruptcy federal law.
4. Whether the amended pleading stated valid causes of action supporting continuation of the civil action.

Disposition

dismissed