TFS Electronic Manufacturing Services Inc. vs Topsearch Printed Circuits HK Ltd

Filing 8

ORDER that the Stipulation is Granted [doc.#4.] FURTHER ORDERED that Topsearch's Motion 2 to Withdraw the Reference (Bankruptcy Court) is Granted. The reference is withdrawn from the bankruptcy court of only TFS' claim against Topsearch. The dispute between TFS and Avocent remains in the bankruptcy court. FURTHER ORDERED that within twenty days from the date of this Order is entered, TFS shall file an Amended Complaint as a plaintiff. FURTHER ORDERED that the Clerk of Court shall ame nd the caption of thiscase to properly depict TFS as plaintiff and Topsearch as defendant and to remove Avocent Corporation as a party in this proceeding, and that the parties shall style all future pleadings in this action in the same fashion. FURTH ER ORDERED that within twenty (20) days from the filing of TFS' Amended Complaint, Topsearch shall files its Answer, including any counterclaim, setoff,or other affirmative defense, or otherwise respond, without prejudice to TFS' right to o bject on grounds other than Topsearch's right to file a responsive pleading within such twenty (20) day period. FURTHER ORDERED that TFS shall not assert that any counterclaim, setoff, or other affirmative defense, or other response filed by Topsearch is a violation of the automatic stay in TFS' pending bankruptcy or is a basis upon which this matter shall be referred to the bankruptcy court. Signed by Judge Stephen M McNamee on 6/29/06. (KMG, )

TFS Electronic Manufacturing Services Inc. vs Topsearch Printed Circuits HK Ltd

Doc. 8

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) TFS Electronic Manufacturing Services,) Inc., ) ) Debtor. ) ) ) ) Avocent Corporation, ) ) Plaintiffs, ) ) vs. ) ) ) TFS Electronic Manufacturing Services,) Inc., ) ) ) Defendant. ) _________________________________ )

IN THE MATTER OF:

No. CV 06-1586-PHX-SMM BK-05-15403-PHX-RTV ADV. No. 06-307 ORDER

Pursuant to the Stipulation entered into by Debtor/Respondent/Counter-Plaintiff/Third Party Plaintiff TFS Electronic Manufacturing Services, Inc. ("TFS") and Third Party Defendant Topsearch Printed Circuits (HK) Ltd. ("Topsearch") (dkt. 4), and good cause appearing, IT IS HEREBY ORDERED that the Stipulation is GRANTED. (Dkt. 4.) IT IS FURTHER ORDERED that Topsearch's Motion to Withdraw the Reference to the Bankruptcy Court is GRANTED. (Dkt. 2.) The reference is withdrawn from the

Case 2:06-cv-01586-SMM

Document 8

Filed 06/30/2006

Page 1 of 2
Dockets.Justia.com

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bankruptcy court of only TFS' claim against Topsearch. The dispute between TFS and Avocent remains in the bankruptcy court. IT IS FURTHER ORDERED that within twenty (20) days from the date this Order is entered, TFS shall file an Amended Complaint as plaintiff. IT IS FURTHER ORDERED that the Clerk of Court shall amend the caption of this case to properly depict TFS as plaintiff and Topsearch as defendant and to remove Avocent Corporation as a party in this proceeding, and that the parties shall style all future pleadings in this action in the same fashion. IT IS FURTHER ORDERED that within twenty (20) days from the filing of TFS' Amended Complaint, Topsearch shall files its Answer, including any counterclaim, setoff, or other affirmative defense, or otherwise respond, without prejudice to TFS' right to object on grounds other than Topsearch's right to file a responsive pleading within such twenty (20) day period. IT IS FURTHER ORDERED that TFS shall not assert that any counterclaim, setoff, or other affirmative defense, or other response filed by Topsearch is a violation of the automatic stay in TFS' pending bankruptcy or is a basis upon which this matter shall be referred to the bankruptcy court. DATED this 29th day of June, 2006.

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