Legal Opinion

DII Northwest LLC v. Carey (In Re National Jockey Club)

United States Bankruptcy Court, N.D. Illinois

Decided March 3, 2011No. 15-34647PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

PAMELA S. HOLLIS, Bankruptcy Judge.

This matter comes before the court on a Motion to Dismiss filed by Thomas Carey, III (“Defendant”). Count I asserts a claim for turnover of property of the estate. Count II asserts a claim under Illinois state law for breach of fiduciary duty. After consideration of the pleadings and for the reasons stated below, Defendant’s Motion to Dismiss is granted on Counts I and II.

JURISDICTION AND PROCEDURE

The court has jurisdiction to entertain this matter pursuant to 28 U.S.C. § 1334 and Internal Operating Procedure 15(a) of the United States…

2Cases cited25 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. Equal Employment Opportunity Commission v. Concentra Health Services, Inc.Court of Appeals for the Seventh Circuit · 2007
  5. Gibson v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1990

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3Cited by7 opinions

  1. Hardy v. Ross (In re Hardy)Court of Appeals for the D.C. Circuit · 2018
  2. Pantazelos v. Benjamin (In re Pantazelos)United States Bankruptcy Court, N.D. Illinois · 2016
  3. Hardy v. Ross (In re Hardy)District Court, District of Columbia · 2016
  4. David Choate Hughes II v. Mitchell Mims, MIMS-IPR, LLC, Jackson Neal, Curtis H. Seal, Blake Milner, and Emily Grace ErwinUnited States Bankruptcy Court, C.D. Illinois · 2025
  5. In Re: Latricia L. HardyDistrict Court, District of Columbia · 2016

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