Kendall v. Nixdorf

Filing 4

ORDER setting briefing schedule and vacating CMC. Signed by Judge Hamilton on 5/23/07. (pjhlc3, COURT STAFF) (Filed on 5/23/2007) Additional attachment(s) added on 5/24/2007 (nah, COURT STAFF).

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Kendall v. Nixdorf Doc. 4 Case 3:07-cv-02603-PJH Document 4 Filed 05/23/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 In re: MOSCOWITZ & NIXDORF, LLP, Debtor. __________________________________/ JOHN T. KENDALL, Chapter 7 Trustee, Plaintiff, v. No. C 07-2603 PJH BK Adv. Case No. 06-4255 AN ORDER SETTING BRIEFING SCHEDULE REGARDING WITHDRAWAL OF REFERENCE AND VACATING CMC NOT FOR CITATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California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 ERIC M. NIXDORF, Defendant. _________________________________/ This matter is before this court following the bankruptcy court's May 11, 2007 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, the movant for withdrawal of reference, is ORDERED to file and serve an opening brief regarding the propriety of withdrawal of the reference no later than June 26, 2007. 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 of the record previously filed with the bankruptcy court. Dockets.Justia.com Case 3:07-cv-02603-PJH Document 4 Filed 05/23/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 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 August 23, 2007 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: May 23, 2007 United States District Court 11 For the Northern District of California ______________________________ PHYLLIS J. HAMILTON United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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