House et al v. Moller et al

Filing 2

ORDER granting 1 Motion to Withdraw Reference. Signed by Judge Morrison C. England, Jr. on 1/5/2010. (Deutsch, S)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// 1 AND CONSOLIDATED ACTIONS. ______________________________/ v. PAUL MOLLER AND ROSA MARIA MOLLER; and DOES 1-25 inclusive, Defendants. ___________________________ GREGORY HOUSE and JENNIFER HOUSE, Plaintiffs, ORDER Debtors. __________________________ In re: Paul Sandner Moller and Rosa Maria Moller, No. 2:09-cv-02796-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Edward R. Foss and Dana Foss ("the Fosses") who are Plaintiffs and Cross-Defendants in the above captioned consolidated adversary proceedings currently pending in the Debtors' bankruptcy case, have moved to withdraw the reference of those proceedings to the Bankruptcy Court on grounds, inter alia, that they declined to consent to have the matter heard before the Bankruptcy Court, that they further refused to waive their right to a jury trial, and that the Bankruptcy Court has determined the matter, in part, to be a non-core proceeding. As a non-core proceeding, the Fosses cite Ninth Circuit precedent in maintaining that it would be an abuse of a discretion for this Court not to grant their withdrawal motion. Inc., 916 F.2d 1444, 1451 (9th Cir. 1990). /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 In re Cinematronics, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No opposition has been filed to the Fosses' Motion. Given that non-opposition, and good cause appearing therefor, the instant Motion (Docket No. 1) is accordingly GRANTED.1 The referral of the adversary proceedings to Bankruptcy Court is hereby withdrawn. The Bankruptcy Court shall conduct no further hearings, or make any additional rulings, orders, or findings, with respect to the subject adversary proceedings. IT IS SO ORDERED. Dated: January 5, 2010 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 230(g) 3 1

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