Gorilla Companies LLC v. Van Tassel et al

Filing 18

ORDER - IT IS ORDERED that Defendants shall file a response to the 17 Notice of no Objection to Withdrawal, MOTION (Request) for setting of Final Pretrial Conference on or berfore 10/1/2010. Signed by Judge David G Campbell on 9/16/10. (SAT)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Debtors. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) ) ) ) Gorilla Companies, LLC, a Delaware ) limited liability company, ) ) ) Plaintiff, ) ) vs. ) ) Sharon Van Tassel, and Darrell Van ) Tassel, husband and wife; Robb M. Corwin and Jillian C. Corwin, husband ) and wife; 13, LLC, an Arizona limited ) ) liability company; and 13 Holdings, ) LLC, an Arizona limited liability ) company, ) ) Defendants. ) ) In re Gorilla Companies LLC, et al.,

No. CV-09-01327-PHX-DGC No. AP-09-00507-RJH No. BK-09-02898-RJH No. BK-09-02901-CGC No. BK-09-02903-GBN No. BK-09-02905-CGC ORDER

Gorilla Companies LLC ("Gorilla") is a debtor-in-possession currently under chapter 11 bankruptcy. In re Gorilla, No. BK-09-02898-RJH (Bankr. D. Ariz. Feb. 20, 2009). Gorilla filed an adversary pleading in its pending bankruptcy case. Doc. 1, Gorilla v. Van Tassel, No. AP-09-00507-RJH (Bankr. D. Ariz. May 8, 2009). The adversary complaint alleges that Sharon Van Tassel, a former employee, misappropriated funds from one of Gorilla's wholly-owned subsidiaries. Id.

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Van Tassel commenced this action by filing a motion to withdraw the reference from bankruptcy court. Doc. 1, Gorilla v. Van Tassel, No. CV-09-01327-PHX-DGC (D. Ariz. June 19, 2009). The Court denied that motion and a subsequent one filed by Defendants (Doc. 12) without prejudice. Docs. 11, 16. On August 17, 2010, Gorilla filed a notice of no objection to withdrawal of the reference and a request for a final pretrial conference. Doc. 17. Gorilla states that the bankruptcy court has issued its summary judgment rulings, that certain tort and other claims remain against Defendants (other than 13 Holdings, LLC), and that those claims are ready for a jury trial in this Court. Id. IT IS ORDERED that Defendants shall file a response to the notice of no objection to withdrawal of the reference and request for setting of final pretrial conference (Doc. 17) on or before October 1, 2010. DATED this 16th day of September, 2010.

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