Old Town Food Service, LLC v. Gold, No. 1:2019cv00633 - Document 11 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 02/27/2020. (dvanm, )

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Old Town Food Service, LLC v. Gold Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division In re REDSKINS GRILLE 1, LLC, Debtor. OLD TOWN FOOD SERVICE,LLC,et al.. Appellants, 19-CV-.00633(LMB/MSN) 18-01045-KHK V. H. JASON GOLD, Appellee. MEMORANDUM OPINION Before the Court is an appeal from a decision of the bankruptcy court in an adversarial proceeding brought by bankruptcy trustee H. Jason Gold ("Trustee" or "appellant") against defendants Old Town Food Service, LLC("OTFS"), FML,LLC("FML"), and Noe Landini ("Landini," and collectively with OTFS and FML,"appellants"). At issue in this appeal is whether the bankruptcy court erred in granting the Trustee's motion for summary judgment and denying appellants' motion for summary judgment. For the reasons set forth below,the decision ofthe bankruptcy court will be affirmed in part and remanded for further proceedings consistent with this Memorandum Opinion. I. BACKGROUND A. Factual Background Redskins Grille 1, LLC ("debtor")formerly operated a Washington Redskins-themed restaurant at One Loudoun Shopping Center in Ashbum, Virginia. First Amended Complaint ("Compl.")[Bankr. Dkt. 25]^ 5. The restaurant space was originally leased from One Loudoun Dockets.Justia.com

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