Lopa v. Affinia Default Services LLC

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE FRANK LOPA, et al., CASE NO. C23-1725-JCC Plaintiffs, ORDER 11 v. AFFINIA DEFAULT SERVICES, LLC, et al., 13 Defendants.

15 This matter comes before the Court on Defendant Toorak Capital Partners, LLC’s unopposed1 motion for referral to bankruptcy court. (Dkt. No. 9.) The pending action consists of a Consumer Protection Act claim against Defendant Toorak Capital Partners, LLC. (Dkt. No. 9 at 2.) Plaintiffs have filed a bankruptcy petition in the Eastern District of New York. (Dkt. No. 11 at 2.) In that petition, they assert that their claims in this case, which Defendants removed from state court, should be adjudicated by the bankruptcy court. (Id.) And, as a matter of course, this Court refers proceedings related to such cases to bankruptcy judges. See LCR 87(a); Burdette v. Emerald Partners LLC, 2015 WL 4394859, slip op. at 2 (W.D. Wash. 2015).

23 Accordingly, Defendant’s motion (Dkt. No. 9) is GRANTED. The Clerk is DIRECTED to REFER this case to the Bankruptcy Court for the Western District of Washington following Plaintiff failed to file a brief in opposition, as provided by LCR 7(d). The Court takes this failure “as an admission that the motion has merit.” LCR 7(b)(2).

1 which Defendant will move to transfer to the Bankruptcy Court for the Eastern District of New York. The motions to withdraw (Dkt. Nos. 6, 10) are hereby MOOTED.

5 DATED this 4th day of December 2023.

A John C. Coughenour 9 UNITED STATES DISTRICT JUDGE