Rice v. Calloway et al

Filing 1

ORDER granting Defendants' motion to withdraw reference in case number 4:17-mc-00010-DPM and directing the Clerk of Court to docket the adversary proceeding as a civil action. Signed by Judge D. P. Marshall Jr. on 8/9/2017. (Attachments: # 1 USDC Docket Sheet for 4:17-mc-00010-DPM, # 2 USBC Docket Sheet for 2:16-ap-01128)(thd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

M. RANDY RICE

v.

No. 4:17-mc-10-DPM

CALLOWAY PLANTING COMPANY
and JEFFREY B. CALLOWAY

DEFENDANTS

ORDER

1. Calloway Planting and Jeffrey Calloway ask this Court to withdraw

its reference of the Trustee's adversary proceeding against them. Ng 1; LOCAL
RULE

83.l(II)(c). The adversary complaint alleges avoidable preferential

transfers and constructively fraudulent transfers to the defendants. They
demanded a jury trial; but don't consent to the Bankruptcy Court's holding
it. 28U.S.C.§157(e). Judge Jones concluded the issues are triable of right by
a jury. This Court agrees. The motion, Ng 1, is therefore granted.
2. The reference is withdrawn as to M. Randy Rice v. Calloway Planting

Company et al., United States Bankruptcy Court for the Eastern District of

Arkansas, No. 2:16-ap-01128. The Court directs the Clerk of the Bankruptcy
Court and the Clerk of this Court to terminate this miscellaneous case, and to
handle the transfer of the adversary proceeding (and all related filings) to this
Court, where it should be docketed as a civil action.

So Ordered.

D.P. Marshall Jr. f
United States District Judge

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