United States Bankruptcy Court, Southern District of Mississippi — 25-06007-JAW, Dkt 9

Summary

Defendant MS Facilities 2020, LLC (MSF) moves to dismiss the complaint filed by Plaintiff Thomas L. Swarek in Adv. Pro. Case No. 25-06007-JAW. The caption names the United States Bankruptcy Court, Southern District of Mississippi, and In re El Dorado Gas & Oil, Inc., Chapter 11. The motion invokes the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7012(b), and the independent ground that Swarek failed to obtain leave of the Court to assert derivative claims on behalf of the Debtor's estate. A footnote says the complaint names MS Facilities, LLC, while the correct legal name of the participant is MS Facilities 2020 LLC. It asks for dismissal in its entirety, with prejudice, and is dated May 23, 2025 with /s/ signatures of Elizabeth R. Hadley and John B. Hutton.

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      25-06007-JAW Dkt 9 Filed 05/23/25 Entered 05/23/25 11:34:48 Page 1 of 3




                              UNITED STATES BANKRUPTCY COURT
                              SOUTHERN DISTRICT OF MISSISSIPPI


 In re:
                                                              Chapter 11
 EL DORADO GAS & OIL, INC.                                    Case No. 23-51715- JAW
                                   Debtor.


 THOMAS L. SWAREK
                                                              Adv. Pro. Case No.: 25-06007-JAW
                                   Plaintiff,

 v.

 MS FACILITIES, LLC

                                   Defendant.


                       MS FACILITIES 2020 LLC’S MOTION TO DISMISS

          Defendant MS Facilities 2020, LLC (“MSF”)1, respectfully moves the Court to dismiss the

complaint (“Complaint”) filed by Plaintiff Thomas L. Swarek (“Swarek”) pursuant to Rule

12(b)(6) of the Federal Rules of Civil Procedure (“Rules”), made applicable to this proceeding by

Bankruptcy Rule 7012(b), and on the independent ground that Swarek failed to obtain leave of this

Court to assert derivative claims on behalf of the Debtor’s estate.




1
  While the Complaint names “MS Facilities, LLC” as the defendant and identifies that entity as the participant in the
“Mainstreet Loan,” the correct legal name of the participant (and, therefore, the purported defendant in the above-
captioned action) is MS Facilities 2020 LLC.




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    25-06007-JAW Dkt 9 Filed 05/23/25 Entered 05/23/25 11:34:48 Page 2 of 3




       In support of this motion, MSF relies upon and incorporates by reference the accompanying

Memorandum of Law in Support of Motion to Dismiss filed contemporaneously herewith.

       WHEREFORE, MSF respectfully requests that the Court enter an order: (i) dismissing the

Complaint in its entirety, with prejudice; and (ii) granting such other and further relief as the Court

deems just and proper.



Dated: May 23, 2025                                    Respectfully Submitted,

                                                       GREENBERG TRAURIG, LLP

                                                       /s/ Elizabeth R. Hadley
                                                       Elizabeth R. Hadley, Esq. (MSB No. 99662)
                                                       GREENBERG TRAURIG, LLP
                                                       300 West 6th Street Suite 2050
                                                       Austin TX 78701
                                                       Tel: (512) 320-7200
                                                       Email: elizabeth.hadley@gtlaw.com

                                                       —and—


                                                       GREENBERG TRAURIG, P.A.

                                                       /s/ John B. Hutton
                                                       John B. Hutton, Esq. (admitted pro hac vice)
                                                       Ari Newman, Esq. (admitted pro hac vice)
                                                       GREENBERG TRAURIG, P.A.
                                                       333 S.E. 2nd Avenue, Suite 4400
                                                       Miami, Florida 33131
                                                       Telephone: 305.579.0500
                                                       E-mail: newmanar@gtlaw.com

                                                       Attorneys for MS Facilities 2020 LLC




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    25-06007-JAW Dkt 9 Filed 05/23/25 Entered 05/23/25 11:34:48 Page 3 of 3




                                CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a true and correct copy of the MS Facilities 2020 LLC’s Motion

to Dismiss was served on the date of filing upon all counsel of record and pro se parties either via

transmission of Notices of Electronic Filing generated by the CM/ECF system or by electronic

mail to those parties listed on the service list below on May 23, 2025.

                                                          /s/ Elizabeth R. Hadley
                                                             Elizabeth R. Hadley, Esq.




                                      SERVICE LIST:


Via Electronic Mail:

Bradley T. Golmon
bgolmon@holcombdunbar.com

Thomas L. Swarek
swarekthomas@aol.com




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