Mansmann et al v. Ocwen Loan Servicing, LLC
Filing
3
ORDER granting 1 Motion to Withdraw Reference; adopting Report and Recommendations re 2 Report and Recommendation.. Signed by Senior Judge Charles R. Butler, Jr on 5/28/2013. (adk)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
IN
RE:
DOUGLAS
P.
MANSMANN,
DEBRA
P.
MANSMANN,
Debtors,
DOUGLAS
P.
MANSMANN,
DEBRA
P.
MANSMANN,
Plaintiffs
v.
OCWEN
LOAN
SERVICING,
L.L.C,
Defendant.
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CASE
NO.
13-‐mc-‐00005-‐CB-‐M
Bankr.
Case
No.
11-‐01158
Adv.
Proc.
No.
11-‐00176
ORDER
This
matter
is
before
the
Court
on
a
motion
to
withdraw
the
reference
of
the
above-‐styled
adversary
proceeding
pursuant
to
28
U.S.C.
§
157(d)
filed
by
Douglas
P.
Mansmann
and
Debra
P.
Mansmann.
(Doc.
1.)
Upon
consideration
of
this
motion,
the
Bankruptcy
Court
for
the
Southern
District
of
Alabama
has
entered
a
Report
and
Recommendation
(Doc.
2)
recommending
that
permissive
withdrawal
be
granted
with
respect
to
Count
One
and
Counts
Four
through
Ten
of
the
adversary
complaint,
that
the
Bankruptcy
Court
handle
all
pretrial
matters
in
those
counts,
and
that
the
Bankruptcy
Court
move
forward
on
Counts
Two
and
Three
involving
bankruptcy
law.
No
objection
has
been
filed.
Accordingly,
the
Court
hereby
ADOPTS
the
Report
and
Recommendation
and
GRANTS
the
motion
to
withdraw
the
reference
as
to
the
claims
listed
above.
However,
the
Court
will
delay
the
withdrawal
until
the
Bankruptcy
Court
certifies
that
the
case
is
ready
for
trial.
Upon
certification
by
the
Bankruptcy
Court
that
the
parties
are
ready
for
trial,
the
Court
will
withdraw
the
reference.
The
Clerk
of
Court
is
directed
to
close
this
file
for
administrative
purposes
until
such
time
as
certification
is
received
from
the
Bankruptcy
Court.
DONE
and
ORDERED
this
the
28th
day
of
May,
2013.
s/Charles
R.
Butler,
Jr.
Senior
United
States
District
Judge
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