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IN RE CONSOLIDATED MERIDIAN FUNDS

No. C13-1842RSL.

511 B.R. 140 (2014)

In re CONSOLIDATED MERIDIAN FUNDS, a/k/a Meridian Investors Trust, et al., Debtors. Mark Calvert, as Liquidating Trustee, et al., Plaintiffs, v. Frederick Darren Berg and Moss Adams LLP, Defendants.

United States District Court, W.D. Washington, at Seattle.

Signed May 28, 2014.

Attorney(s) appearing for the Case

Michael J. Avenatti , Eagan O'Malley & Avenatti LLP, Newport Beach, CA, Simeon J. Osborn , Osborn Machler , Seattle, WA, for Plaintiffs.

Frederick Darren Berg, Lompoc, CA, pro se.

Benjamin Ellison , Linda Coberly , Winston & Strawn, Chicago, IL, Kelly P. Corr , Steven W. Fogg , Corr Cronin Michelson Baumgardner & Preece, Seattle, WA, for Defendants.

ORDER REVERSING BANKRUPTCY COURT'S ORDER GRANTING MOTION TO DISMISS

ROBERT S. LASNIK, District Judge.

I. INTRODUCTION

This matter comes before the Court on plaintiffs' appeal of an order by the United States Bankruptcy Court for the Western District of Washington granting defendants' motion to dismiss for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1). The Court has reviewed the parties' submissions. For the reasons discussed below...

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