Book People Employees Association, Inc. v. Barnes & Noble Inc.

Filing 3

ORDER vacating cmc and setting brfing schedule. Signed by Judge Hamilton on 8/15/05. (pjhlc3, COURT STAFF) (Filed on 8/15/2005)

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Book People Employees Association, Inc. v. Barnes & Noble Inc. Doc. 3 Case 3:05-cv-03104-PJH Document 3 Filed 08/15/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 In re: BOOK PEOPLE EMPLOYEES ASSOCIATION, INC., a California Corporation, Debtor. __________________________________/ BOOK PEOPLE EMPLOYEES ASSOCIATION, INC., Debtor-inPossession, Plaintiff, No. C 05-3104 PJH BK Adv. Case No. 04-4350 AJ NOT FOR CITATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. BARNES & NOBLE, INC., Defendant. _________________________________/ ORDER VACATING CMC AND SETTING BRIEFING SCHEDULE REGARDING WITHDRAWAL OF REFERENCE This matter is before this court following the bankruptcy court's July 7, 2005 order recommending withdrawal of the bankruptcy court's reference under 28 U.S.C. 157(d), pursuant to Bankruptcy L.R. 5011-2(b). Defendant is ORDERED to file and serve an opening brief regarding the propriety of withdrawal of the reference no later than September 15, 2005. Plaintiff shall file and serve a response within 14 days of defendant's opening brief. Defendant may file a reply, if any, within 7 days of plaintiff's response. In addition to the briefs, the parties should file with this court any pertinent exhibits, including relevant documents and portions Dockets.Justia.com Case 3:05-cv-03104-PJH Document 3 Filed 08/15/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 of the record previously filed with the bankruptcy court. Unless the parties are notified otherwise, the matter will be decided on the papers once it is fully briefed. No hearing will be necessary. The case management conference currently set for November 3, 2005 is VACATED. This court will set a CMC, if necessary, at the time that it issues an order regarding the withdrawal of the bankruptcy court's reference. IT IS SO ORDERED. Dated: August 15, 2005 ______________________________ PHYLLIS J. HAMILTON United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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