In re: William James Del Biaggio, III

Filing 5

ORDER SETTING BRIEFING SCHEDULE; VACATING HEARING DATE; FOR RECOMMENDATION RE: DEFENDANT'S MOT TO WITHDRAW REFERENCE. Signed by Judge Hamilton on 11/14/11. (pjhlc3, COURT STAFF) (Filed on 11/14/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re: WILLIAM JAMES DEL BIAGGIO, III,

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Debtor.
__________________________________/

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For the Northern District of California

United States District Court

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ROBERT J. THOMAS,
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Plaintiff,
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No. C 11-5180 PJH
BK Adv. Case No. 11-3191 TEC

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v.
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ORDER SETTING BRIEFING
SCHEDULE; VACATING HEARING
DATE; FOR RECOMMENDATION
RE: DEFENDANT’S MOTION TO
WITHDRAW

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WILLIAM JAMES DEL BIAGGIO, III,
THOMVEST HOLDINGS, et al.

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Defendants.
_________________________________/

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On October 7, 2011, defendant Thomvest Holdings filed with the bankruptcy court a
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motion to withdraw the reference to the bankruptcy court, pursuant to 28 U.S.C. § 157 and
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Federal Rule of Bankruptcy Procedure (“FRBP”) 5011. Thereafter, the bankruptcy court
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transmitted the motion to this court pursuant to Rule 5011.
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On October 25, 2011, the clerk of this court appropriately ordered the parties to re26
notice the motion to withdraw pursuant to Civil L.R. 7-2(a). On November 11, 2011, the
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parties submitted a stipulation re-noticing the motion, setting a briefing schedule, and
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setting a hearing date. The court GRANTS the parties’ requested briefing schedule but

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VACATES the hearing date. Unless otherwise notified, the matter will be decided on the

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papers.

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Additionally, this court refers the matter to the assigned Bankruptcy Judge for a

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recommendation pursuant to Bankruptcy L.R. 5011-2(b) regarding whether the reference

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should be withdrawn under 28 U.S.C. § 157(d). Once the bankruptcy court has submitted

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to this court its recommendation regarding whether withdrawal of reference should occur

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and the matter is fully briefed, this court will issue a final order on the motion pursuant to

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FBRP 5011.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: November 14, 2011

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______________________________
PHYLLIS J. HAMILTON
United States District Judge

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cc: Honorable Thomas E. Carlson, United States Bankruptcy Judge

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