Schoenmann v. Torchia et al
ORDER ADOPTING RECOMMENDATION OF BANKRUPTCY JUDGE; DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION TO WITHDRAW REFERENCE, TO ABSTAIN, OR TO TRANSFER VENUE. Signed by Judge Maxine M. Chesney on February 19, 2013. (mmclc1, COURT STAFF) (Filed on 2/19/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
No. C-13-0306 MMC
[Case No. 11-31712 TEC
Adv. Proc. No. 12-3156 TEC]
RECOMMENDATION OF BANKRUPTCY
JUDGE; DENYING WITHOUT
PREJUDICE DEFENDANTS’ MOTION TO
WITHDRAW REFERENCE, TO ABSTAIN,
OR TO TRANSFER VENUE
E. LYNN SCHOENMANN, Trustee of the
Bankruptcy Estate of Synergy Acceptance
JAMES A. TORCHIA, et al.,
Before the Court is defendants “Motion to Withdraw the Reference, to Abstain, or to
Transfer Venue,” filed January 4, 2013 in the United States Bankruptcy Court, and
transferred to district court pursuant to Rule 5011-2 of the Bankruptcy Local Rules of this
District. Plaintiff has filed opposition, to which defendants have replied. Also before the
Court is Bankruptcy Judge Thomas E. Carlson’s Recommendation Re Motion for
Withdrawal of Reference, filed January 23, 2013 in the Bankruptcy Court and forwarded to
district court pursuant to Rule 5011-2, in which Judge Carlson recommends withdrawal of
the reference be deferred until after all pretrial proceedings are completed.
Having read and considered the papers filed in support of and in opposition to the
motion, as well as the Recommendation, the Court hereby ADOPTS, for the reasons stated
therein, the Recommendation in its entirety.
Accordingly, the motion to withdraw the reference is hereby DENIED without
prejudice to defendants’ renewing the motion after all pretrial proceedings are completed.1
IT IS SO ORDERED.
Dated: February 19, 2013
MAXINE M. CHESNEY
United States District Judge
In light of the above ruling, defendants’ requests for abstention and/or for transfer
are hereby DENIED without prejudice to renewal before the Bankruptcy Court.
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