Ivey v. ES2, LLC (In re ES2 Sports & Leisure, LLC)

MEMORANDUM OPINION GRANTING PARTIAL SUMMARY JUDGMENT

BENJAMIN A. KAHN, UNITED STATES BANKRUPTCY JUDGE

This adversary proceeding is before the Court on the Motion for Summary Judgment as to Defendants Matthew Birely and ES2, LLC (the “Motion for Summary Judgment”) [Doc. #62] filed by Charles M. Ivey, III (the “Plaintiff”) on July 9, 2015. Plaintiff .asks this Court to enter summary judgment against Matthew Birely and ES2, LLC (collectively, the “Defendants”).1 For the reasons stated herein, the Court will grant summary judgment in part on Counts I and IV and deny summary judgment on Counts II,…