Panther Mountain Land Development LLC et al v. National Bank of Arkansas

Filing 1

ORDER granting the motion to withdraw reference in case number 4:12-mc-00027 and directing the Clerk to open a new civil action. Signed by Judge J. Leon Holmes on 10/2/2012. (Attachments: # 1 Docket Sheet in 4:12-mc-0027-JLH, # 2 Bankruptcy Docket Sheet)(thd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PANTHER MOUNTAIN LAND
DEVELOPMENT, LLC; BARRY K.
KELLERMAN; and DAN M. KELLERMAN
v.

PLAINTIFFS

No. 4:12MC00027 JLH

NATIONAL BANK OF ARKANSAS

DEFENDANT
ORDER

This is an adversary proceeding commenced in bankruptcy court in which both parties have
requested that the reference be withdrawn. The plaintiffs stated in paragraph 3 of their complaint
in the adversary proceeding that they wish the reference be withdrawn and that the case be tried to
a jury in district court. The defendant responded by filing a motion to withdraw the reference and
for abstention. After filing the motion, the defendant withdrew the request for abstention. The
motion to withdraw the reference and for abstention is granted in part and denied in part.
Document #1. The motion to withdraw the reference is granted. The motion for abstention is
denied as moot. The Court directs the Clerk to close the miscellaneous case that was opened when
the motion to withdraw the reference was filed and to open a new civil action for the adversary
proceeding that was initially commenced in bankruptcy court.
IT IS SO ORDERED this 2nd day of October, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE