Combined Insurance Company of America v. Thomas et al

Filing 65

ORDER granting Insurance Company of America's motion to withdraw the reference in case 4:14-mc-00007. The stay is lifted in this case and a status report on the party substitution is due by 31 July 2014. Consolidating these two cases is the best way to resolve the parties' dispute and promote the efficient use of the parties' and the Court's resources. Case 4:14-mc-00007 is consolidated with 3:12-cv-00254. The older case shall be the lead case. Signed by Judge D. P. Marshall Jr. on 7/7/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

COMBINED INSURANCE COMPANY
OF AMERICA
v.

PLAINTIFF

No. 3:12-cv-254-DPM

DAVID W. THOMAS and
DEBBIE L. THOMAS

DEFENDANTS
and

COMBINED INSURANCE COMPANY
OF AMERICA

v.

PLAINTIFF

No. 4:14-mc-7-DPM

DEBORAH L. THOMAS

DEFENDANT

UNITED STATES TRUSTEE

TRUSTEE

ORDER
1. Combined Insurance Company of America's motion to withdraw the
reference in Case No. 4:14-mc-7, NQ 2, is granted. Whether Deborah Thomas's
debt to Combined Insurance is dischargeable in bankruptcy or not involves
the same set of facts already before this Court in a related Case, No. 3:12-cv-

254. Considering all the circumstances, Combined Insurance has shown cause
for a discretionary withdrawal under the statute. 28 U.S.C. § 157(d).
2. In September 2013, this Court stayed Case No. 3:12-cv-254 because
Combined Insurance was unable to identify the proper party for substitution
after David Thomas's death.

The stay is lifted.

Status report on the

substitution issue due by 31 July 2014.
3. Consolidating the cases is the best way to resolve the parties' dispute
and promote the efficient use of the parties' and the Court's resources. Case
No. 4:14-mc-7 is therefore consolidated with Case No. 3:12-cv-254. The older
case shall be the lead case. An Initial Scheduling Order will issue.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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