Beck v. Ally Financial, Inc. et al

Filing 2

Order ADOPTING 1 Report & Recommendation & GRANTING Plf's Motion for Withdrawal of Reference, but delays the withdrawal until the Bankruptcy Court certifies that the case is ready for trial. All discovery & pretrial matters as to Plf's c auses of action are to be handled by the Bankruptcy Court, & if the matter is not resolved during the pretrial period, the Bankruptcy Court is to issue a report & recommendation that the District Court withdraw reference at that time. Upon certifica tion by the Bankruptcy Court that the parties are ready for trial, the court will withdraw the reference & will set the proceeding for trial. The clerk is directed to close this file for administrative purposes until such time as certification by the Bankruptcy Court that the matter is ready for trial, or until the case is otherwise settled or terminated.. Signed by Judge Callie V. S. Granade on 10/18/2013. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
In Re:
RACHEL S. BECK
Debtor.
RACHEL S. BECK,
Plaintiff,
v.
ALLY FINANCIAL, INC. and
COASTAL AUTO GROUP,
Defendants.

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Case No. 13-mc-00016-CG-C
Bankruptcy Case No. 13-01164
Adversary Proc. No. 13-0054

ORDER
This matter is before the court on the Bankruptcy Court’s Report and
Recommendation on the motion of Ally Financial Inc. (Ally) for withdrawal of
reference of the case pursuant to 28 U.S.C. § 157(d) (Doc. 1.) The Bankruptcy Court
recommends that this court grant mandatory withdrawal, or in the alternative,
permissive withdrawal as to all counts in Plaintiff's Adversary Proceeding number
13-0054 (the "Adversary Proceeding"), but allow the Bankruptcy Court to handle
all pretrial matters, including dispositive motions, and prepare a report and
recommendation to the this court.
Upon due consideration, this court hereby ADOPTS the Report and
Recommendation. Accordingly, the court GRANTS plaintiff’s motion for
withdrawal of reference pursuant to the mandatory withdrawal provision, 28 U.S.C.

§ 157(d), but delays the withdrawal until the Bankruptcy Court certifies that the
case is ready for trial. This court finds that the Bankruptcy Court has the present
ability and constitutional authority to handle all discovery and pretrial issues up to
the point of trial, including dispositive motions. Therefore, it is ORDERED that all
discovery and pretrial matters as to plaintiff’s causes of action be handled by the
Bankruptcy Court, and that if the matter is not resolved, through settlement or
otherwise, during the pretrial period, the Bankruptcy Court issue a report and
recommendation that the District Court withdraw the reference at that time.
Upon certification by the Bankruptcy Court that the parties are ready for
trial, the court will withdraw the reference and will set the proceeding for a trial
The clerk is directed to close this file for administrative purposes until such
time as certification by the Bankruptcy Court that the matter is ready for trial, or
until the case is otherwise settled or terminated.
DONE and ORDERED this 18th day of October, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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