Opinion
2:19-cv-02470-KJM-JDP Bankr. Case 19-22029-B-7
09-29-2021
Yufang Taggart and Melissa Bolton, Plaintiffs, v. Richard Leon Roberts and Pamela Jean Hall, Defendants. Adversary Proceeding No. 19-02099-B
ORDER
Previously this court granted withdrawal of the reference with respect to all plaintiffs' claims in the adversary action before the United States Bankruptcy Court for the Eastern District, see ECF No. 11, including personal injury tort claims, sexual harassment and a “false oaths” claim.
Plaintiffs move to dismiss their cause of action for denial of discharge under 11 U.S.C. § 727 (“false oath”) while continuing to pursue their cause of action for nondischargeability under 11 U.S.C. § 523(a)(6) (“willful and malicious injury by debtor”) solely against defendant Richard Leon Roberts. Mot. Dismiss (MTD) Mem. P & A at 2, ECF No. 15-2; Morin Decl., ECF No. 15-3; Non-Opp'n, ECF No. 18. The court submitted the matter without oral argument. See Minute Order, ECF No. 19. The motion is granted.
(1) Plaintiffs second cause of action under § 727 for objection to discharge against defendants Richard Leon Roberts and Pamela Jean Hall is dismissed without prejudice.
(2) Because defendant Pamela Jean Hall is a defendant only in the § 727 cause of action, she is completely dismissed from the complaint.
(3) Any second amended complaint must be filed within twenty-one days. This order resolves ECF No. 15.
IT IS SO ORDERED.