Legal Opinion

Nomellini v. United States Internal Revenue Service (In re Nomellini)

United States Bankruptcy Court, N.D. California

Decided June 25, 2015No. Case No. 11-61177-ASW; Adv. Pro. No. 14-05083-ASWPublished

1Opinion of the Court

MEMORANDUM DECISION RE: DEFENDANT’S MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Arthur S. Weissbrodt, U.S. Bankruptcy Judge

Before the Court are two motions. The first is a motion to dismiss under Fed. R. Civ. P. 12(b)(6) filed by Defendant United States of America, Internal Revenue Service (“IRS”), which is represented by attorney Thomas Newman. The second is a motion for summary judgment filed by Plaintiff and Debtor Drew Nomellini, who is represented by attorney Cathleen Moran. For the reasons explained below, the Court grants the IRS’s motion to dismiss and denies…

2Cases cited23 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  5. United States v. Diebold, Inc.Supreme Court of the United States · 1962

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