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Russell D. Garrett, WSB # 18657

JORDAN RAMIS PC
1499 SE Tech Center Place, Suite 380
Vancouver, WA 98660
Telephone: (360) 567-3900
Fax: (360) 567-3901
E-mail: russ.garrett@jordanramis.com

Attorney for Chapter 7 Trustee

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Hon. Paul B. Snyder

Chapter: 7
Location: 500 W. 12th St. 2d Fl.
Vancouver, Washington
Hearing date: December 1, 2015
Time: 9:00 A.M.
Response date: November 24, 2015

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UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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In re

Case No. 13-43836-PBS

MARK A. LEONARD,

Adversary Proc. No. 14-04061-PBS

Debtor.

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RUSSELL D. GARRETT, CHAPTER 7

TRUSTEE, FOR THE ESTATE OF MARK A.
LEONARD,
Plaintiff,

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v.

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NOTICE OF HEARING AND

PLAINTIFFS MOTION FOR ORDER
OF DISMISSAL

MARK A. LEONARD,
Defendant.

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TO: DEFENDANT, MARK A. LEONARD, THROUGH HIS ATTORNEY OF RECORD AND

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PARTIES IN INTEREST

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////

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NOTICE OF HEARING AND PLAINTIFFS MOTION
FOR ORDER OF DISMISSAL - Page 1
Case 14-04061-PBS

Doc 21

Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

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PLEASE TAKE NOTICE that Plaintiffs Motion for Order of Dismissal, dismissing the

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within adversary proceeding, will be heard on December 1, 2015, at 9:00 A.M. before the

Honorable Paul B. Snyder, United States Bankruptcy Court, Federal Building, 500 W. 12th,

Second Floor, Vancouver, Washington, and the Clerk are requested to note the motion on the

motion docket for that day.

YOU ARE FURTHER NOTIFIED that if you oppose the motion, you must file your

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written response with the Clerk of the bankruptcy court, serve two copies on the Judges

chambers, and deliver copies to the undersigned and the United States Trustees Office NOT

LATER THAN THE RESPONSE DATE, which is November 24, 2015. If you file a response

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you are also required to appear at the hearing.

IF NO RESPONSE IS TIMELY FILED AND SERVED, the Court may in its discretion,

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GRANT THE MOTION PRIOR TO THE HEARING WITHOUT FURTHER NOTICE and

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strike the hearing.

MOTION FOR ORDER OF DISMISSAL OF ADVERSARY PROCEEDINGS

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The Plaintiff, Russell D. Garrett, Chapter 7 Trustee for the Estate of Mark A. Leonard

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(Plaintiff), respectfully moves this Court for an Order dismissing all claims asserted against

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Mark A. Leonard (Defendant or Debtor) in the adversary proceeding entitled Russell D.

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Garrett, Chapter 7 Trustee, For the Estate of Mark A. Leonard v. Mark A. Leonard, Adv. Proc.

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No. 14-04061-PBS.
On June 7, 2013, the Debtor filed a Chapter 7 petition for relief under the Bankruptcy

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Code. Plaintiff filed the present adversary complaint on February 20, 2014, requesting denial of

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discharge pursuant to 11 U.S.C. 727. Trial is currently scheduled for October 5, 6, 7, or 8,

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2015.

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Plaintiff applies for an order dismissing the above adversary complaint for denial of
discharge under 727(a) of the Bankruptcy Code on the grounds that Plaintiff has decided, after
NOTICE OF HEARING AND PLAINTIFFS MOTION
FOR ORDER OF DISMISSAL - Page 2
Case 14-04061-PBS

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Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

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reviewing the record no purpose is served by spending further estate resources to prosecute this

case. The claims are not iron-clad, the Trustee has engaged in extensive discovery for assets,

and there are no other Plaintiffs in this case. The FDIC dismissed its claims several months ago,

before the Trustee had completed discovery. This motion is based upon the within points and

authorities.
POINTS AND AUTHORITIES

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Rule 7041, of the Federal Rules of Bankruptcy Procedure, governs the dismissal of
adversary proceedings and states:
Rule 41 of the F.R.of Civ. P. applies in adversary proceedings, except that a
complaint objecting to the debtors discharge shall not be dismissed at the
plaintiffs instance without notice to the trustee, the United States trustee and such
other persons as the court may direct, and only on order of the court containing
terms and conditions which the court deems proper.

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See Fed. R. Bankr. P. 7041.

Further, [d]ismissal of a complaint objecting to discharge raises special concerns

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because the plaintiff may have been induced to dismiss by an advantage given or promised by

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the debtor or someone acting in his behalf. Advisory Committee Report. In this instance, no

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inducement has been offered the Plaintiff by the Debtor or any other party. However, the

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Trustee has entered into a Compromise and Settlement with the debtor, under which the debtor

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will pay $18,000.00 in return for the Trustees claims for turnover of certain alleged assets. This

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Compromise and Settlement will be filed as a separate motion.

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While voluntary dismissal under F.R.C.P. 41(a)(2) lies within the sound discretion of the

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trial court, when exercising its discretion the court should consider the best interests of the

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defendants, for the rule exists chiefly to protect them. In re Lansberry, 177 B.R. 49, 57 (Bankr.

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W.D. Pa. 1995). Here, as in Lansberry, Debtor will not be prejudiced by the dismissal of the

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complaint against them, but will be spared the expense of defending a lawsuit objecting to their

NOTICE OF HEARING AND PLAINTIFFS MOTION

FOR ORDER OF DISMISSAL - Page 3
Case 14-04061-PBS

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Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

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Pg. 3 of 9

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discharge as will the creditors of the estate be spared from the cost or expense.
Wherefore, Plaintiff respectfully requests that the motion to dismiss the adversary

complaint be granted, with each party responsible for its own attorneys fees, costs, and

disbursements.

Dated this 1st day of October, 2015.

JORDAN RAMIS PC
Attorneys for Plaintiff

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By: /s/ Russell D. Garrett

Russell D. Garrett, WSBA # 18657

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NOTICE OF HEARING AND PLAINTIFFS MOTION

FOR ORDER OF DISMISSAL - Page 4
Case 14-04061-PBS

Doc 21

Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

Ent. 10/01/15 13:55:49

Pg. 4 of 9

Russell D. Garrett, WSB # 18657

JORDAN RAMIS PC
1499 SE Tech Center Place, Suite 380
Vancouver, WA 98660
Telephone: (360) 567-3900
Fax: (360) 567-3901
E-mail: russ.garrett@jordanramis.com

Attorney for Chapter 7 Trustee

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Hon. Paul B. Snyder

Chapter: 7
Location: 500 W. 12th St. 2d Fl.
Vancouver, Washington
Hearing date: December 1, 2015
Time: 9:00 A.M.
Response date: November 24, 2015

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UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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In re

Case No. 13-43836-PBS

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MARK A. LEONARD,

Adversary Proc. No. 14-04061-PBS

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Debtor.
RUSSELL D. GARRETT, CHAPTER 7
TRUSTEE, FOR THE ESTATE OF MARK A.
LEONARD,

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DECLARATION OF RUSSELL D.
GARRETT

Plaintiff,
v.
MARK A. LEONARD,

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Defendant.

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I, Russell D. Garrett, declare and state as follows:

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1.

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referenced case.

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2.

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I am the Chapter 7 Trustee for the Estate of Mark. A. Leonard in the above-

On February 20, 2014, I filed an adversary proceeding, as Adv. Proc. No. 14-

04061-PBS, which requests denial of discharge Debtors discharge. The adversary proceeding
was filed in concert with the FDICs nearly identical case on identical claims. The FDIC
JORDAN RAMIS PC
DECLARATION OF RUSSELL D. GARRETT IN
Attorneys at Law
1499 SE Tech Center Pl Ste 380
SUPPORT OF PLAINTIFFS MOTION TO DISMISS
Vancouver WA 98683
ADVERSARY CASE Page 1
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015
Case 14-04061-PBS Doc 21 Filed 10/01/15 Ent. 10/01/15
13:55:49 Pg. 5 of 9

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decided to dismiss its claims several months ago while pending discovery, which would benefit
the estate, was almost underway. That discovery helped lead to both the Trustees decision not

to further pursue this adversary case and to compromise and reconsider the claims against the

Debtor for turnover.

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Plaintiff has not received any consideration, monetary or otherwise, in requesting

dismissal of its adversary complaint.

I HEREBY DECLARE THAT THE ABOVE STATEMENTS ARE TRUE TO THE

BEST OF MY KNOWLEDGE AND BELIEF AND THAT I UNDERSTAND THE
STATEMENTS ARE MADE FOR USE AS EVIDENCE IN COURT AND SUBJECT TO THE
PENALTY OF PERJURY.

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Executed on this 1st day of October, 2015.

JORDAN RAMIS, P.C.

/s/ Russell D. Garrett

RUSSELL D. GARRETT, WSBA #18657
Chapter 7 Trustee

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JORDAN RAMIS PC
DECLARATION OF RUSSELL D. GARRETT IN
Attorneys at Law
1499 SE Tech Center Pl Ste 380
SUPPORT OF PLAINTIFFS MOTION TO DISMISS
Vancouver WA 98683
ADVERSARY CASE Page 2
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015
Case 14-04061-PBS Doc 21 Filed 10/01/15 Ent. 10/01/15
13:55:49 Pg. 6 of 9

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UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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In re

Case No. 13-43836-PBS

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MARK A. LEONARD,

Adversary Proc. No. 14-04061-PBS

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Debtor.
RUSSELL D. GARRETT, CHAPTER 7
TRUSTEE, FOR THE ESTATE OF MARK A.
LEONARD,

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Plaintiff,

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[PROPOSED] ORDER ON
PLAINTIFFS MOTION TO DISMISS
ADVERSARY PROCEEDING

v.
MARK A. LEONARD,

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Defendant.

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THIS MATTER came before this court on the Plaintiffs Motion to Dismiss Adversary

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Proceeding. The Court having reviewed the Plaintiffs Motion, finding good cause, there having

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been no objection filed to the Motion, and the Court being fully advised in the premises:

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[PROPOSED] ORDER ON DEFENDANTS MOTION TO
DISMISS ADVERSARY PROCEEDING Page 1
Case 14-04061-PBS

Doc 21

Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

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NOW, THEREFORE, IT IS HEREBY ORDERED that the Plaintiffs Motion for Order

to Dismiss Adversary Proceeding in its entirety is granted. Each party shall be responsible for its

own attorneys fees, costs and disbursements.

////END OF ORDER////

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Presented by:
JORDAN RAMIS, P.C.

/s/ Russell D. Garrett

RUSSELL D. GARRETT, WSBA #18657
Chapter 7 Trustee

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[PROPOSED] ORDER ON DEFENDANTS MOTION TO
DISMISS ADVERSARY PROCEEDING Page 2
Case 14-04061-PBS

Doc 21

Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

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DECLARATION OF SERVICE

I hereby certify that on the date shown below, I served a true and correct copy of the

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foregoing NOTICE OF HEARING AND PLAINTIFFS MOTION FOR ORDER OF

DISMISSAL OF ADVERSARY CASE, DECLARATION OF RUSSELL D. GARRETT IN

SUPPORT OF PLAINTIFFS MOTION TO DISMISS ADVERSARY PROCEEDING, and

PROPOSED ORDER ON PLAINTIFFS MOTION TO DISMISS ADVERSARY

PROCEEDING on:

All ECF participants

All Creditors

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by first class mail, postage prepaid.

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by hand delivery.

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by facsimile transmission.

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by facsimile transmission and first class mail, postage prepaid.

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by electronic transmission.

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by electronic transmission and first class mail, postage prepaid.

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DATED: October 1, 2015.

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/s/ Russell D. Garrett

Russell D. Garrett, WSBA # 18657
Chapter 7 Trustee

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DECLARATION OF SERVICE

Case 14-04061-PBS

Doc 21

Filed 10/01/15

JORDAN RAMIS PC
Attorneys at Law
1499 SE Tech Center Pl Ste 380
Vancouver WA 98683
Telephone: 360.567.3900 Fax: 360.567.3901
51333-72533E 1351621_1.DOC\KG/10/1/2015

Ent. 10/01/15 13:55:49

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