Combined Insurance Company of America v. Thomas
Filing
7
ORDER granting 2 MOTION to Withdraw Reference. 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-00007 is therefore consolidated with Case No. 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. ยง 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
-2-
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