In Re Lake County Grapevine Nursery Operations

Memorandum on Motion to Dismiss

ALAN JAROSLOVSKY, Bankruptcy Judge.

Until December 17, 2007, Joachim Hollerith and Eckhard Kaesekamp each held a 50% membership interest in American Nursery LLC. American Nursery was involved in a business relationship with Lake County Grapevine Nursery LLC (“LCGN”) and Lake County Grapevine Nursery Operations LLC (“LCGNO”), now both Chapter 11 debtors in possession. American Nursery marketed and sold grapevines produced by LCGN and LCGNO in return for a percentage commission of each sale. Nevada Viewpoint West, Inc. (“NVWI”), through its owner John Fanscy, had…