Thompson v. Davis Fine Arts et al

Filing 4

ORDER REFERRING MOTION FOR WITHDRAWAL OF REFERENCE TO BANKRUPTCY JUDGE FOR RECOMMENDATION. Signed by Judge Claudia Wilken on 1/5/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/5/2012)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 United States District Court For the Northern District of California 10 In re: No. C 11-6256 CW PETER CARSON CLARK, Debtor. ______________________________________ TEVOS T. THOMPSON, JR., Trustee, 11 12 13 14 15 16 17 18 19 20 ORDER REFERRING MOTION FOR WITHDRAWAL OF REFERENCE TO BANKRUPTCY JUDGE FOR RECOMMENDATION Plaintiff, v. (Bankruptcy Case No. 11-4190 EJ) DAVIS FINE ARTS; LA POSADA APARTMENTS; MONTE CRESTA APARTMENTS; LA PLAYA APARTMENTS; LOUISE H. CLARK, individually; LOUISE H. CLARK AND STEVE CLARK, as trustees of the Clark Family Trust; THE GROVE AT SUNRISE, LLC; CHARLES CLARK; JOHNSON CLARK & ASSOCIATES, INC.; JOHNSON & LOUISE H. CLARK PARTNERSHIP, LP; ORCHARD SQUARE APARTMENTS, LLC; STEVEN CLARK; JOHNSON CLARK, JR.; and FINE ARTS LIMITED PARTNERSHIP, Defendants. ________________________________/ 21 22 Defendants have moved for an order withdrawing the reference 23 of the adversary proceeding, under 28 U.S.C. § 157(d) and 24 Bankruptcy Court Local Rule 5011-2(a), or, in the alternative, 25 abstention by the Bankruptcy Court, under 28 U.S.C. § 1334(c)(1). 26 Pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil 27 Procedure 72 and Bankruptcy Local Rule 5011-2(b), the motion is 28 referred to the Honorable Edward D. Jellen, United States 1 Bankruptcy Judge, or his designee, for a recommendation as to the 2 motion. 3 IT IS SO ORDERED. 4 5 6 Dated: 1/5/2012 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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