1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IN RE GLENN ANTHONY FORTIER, Case No.: 22-CV-986 TWR (AHG) Bankruptcy No.: 3-22-01293-LT13 12 Debtor. Adversary No.: 22-90026-LT 13 ORDER (1) DISMISSING CASE AND 14 GLENN FORTIER; and DEBRA (2) DENYING AS MOOT MOTION 15 TONER, FOR WITHDRAWAL OF REFERENCE 16 Plaintiffs,

17 v. (ECF No. 1) 18 3139 MOUNT WHITNEY RD. TRUST DATED 06-14-2021 U.S. FINANCIAL 19 L.P., as Trustee, et al., 20 Defendants. 21

22 On July 6, 2022, Plaintiffs Glenn Fortier and Debra Toner filed a Motion for 23 Withdrawal of Reference from the United States Bankruptcy Court for the Southern 24 District of California. (ECF No. 1.) The Motion seeks mandatory withdrawal or, 25 alternatively, permissive withdrawal, of Bankruptcy Petition No. 22-01293 (the 26 “bankruptcy petition”) and Adversary Proceeding No. 22-90026 (the “adversary 27 proceeding”) pursuant to

. (See ECF No. 1 at 1.) 28 / / / 1 After receiving Plaintiffs’ Motion, the Court issued an Order Setting Hearing and Briefing 2 Schedule and set a Motion Hearing for November 3, 2022. (ECF No. 3.) 3 At any stage of a proceeding, the Court may take judicial notice of facts that are not 4 subject to reasonable dispute. See Fed. R. Evid. 201(b). “A fact is ‘not subject to 5 reasonable dispute’ if it is ‘generally known,’ or ‘can be accurately and readily determined 6 from sources whose accuracy cannot reasonably be questioned.’” Khoja v. Orexigen 7 Therapeutics, Inc.,

(9th Cir. 2018) (quoting Fed. R. Evid. 201(b)(1)– 8 (2)). Accordingly, a court may take judicial notice of undisputed matters of public record. 9 See Lee v. City of Los Angeles,

(9th Cir. 2001). 10 The docket indicates that the bankruptcy court remanded the adversary proceeding 11 on July 14, 2022, see Order on Plaintiff’s Motion to Remand Case to State Court,

Whitney Rd. Tr. Dated 6/14/21 U.S. Fin. LP. v. Fortier et al., No. 3-22-90026 (Bankr. S.D. 13 Cal. filed July 14, 2022), ECF No. 18, and dismissed the bankruptcy petition on September 14 8, 2022. See Order Dismissing Bankruptcy Case with One Year Bar to Filing; Coercive 15 Sanctions Against Debtor and Debra Lynn Toner; Compensatory Sanctions Against Debra 16 Lynn Toner, In re Fortier, No. 3-22-01293-LT13 (Bankr. S.D. Cal. filed Sept. 8, 2022), 17 ECF No. 45; Order Dismissing Bankruptcy Case with One Year Bar to Filing; Coercive 18 Sanctions Against Debtor and Debra Lynn Toner; Compensatory Sanctions Against Debra 19 Lynn Toner, 3139 Mt. Whitney Rd. Tr. Dated 6/14/21 U.S. Fin. LP. v. Fortier et al., No. 3- 20 22-90026 (Bankr. S.D. Cal. filed Sep. 8, 2022), ECF No. 39. Accordingly, there is no 21 longer a pending case or proceeding for this Court to withdraw from the bankruptcy court. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 || The Court therefore DISMISSES WITHOUT PREJUDICE this action and DENIES AS 2 || MOOT Plaintiffs’ Motion for Withdrawal of Reference (ECF No. 1). The Clerk of the 3 Court SHALL CLOSE the file. 4 IT IS SO ORDERED. 5 || Dated: October 25, 2022 —— (2 [5 □□ re 7 Honorable Todd W. Robinson United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28