Dwyer et al v. Neilson

Filing 6

ORDER DIRECTING CLERK TO REASSIGN ACTION TO JUDGE RONALD M. WHYTE. Having determined this action was incorrectly assigned under the terms of General Order 44, the court orders the Clerk to reassign this action to Judge Ronald M. Whyte as matters arising from the same underlying bankruptcy case are already pending before Judge Whyte. Signed by Judge Edward J. Davila on 1/6/2012. (ejdlc1, COURT STAFF) (Filed on 1/6/2012)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION
IN RE:

CASE NO. 5:11-cv-06302 EJD

11
For the Northern District of California

United States District Court

10

CEDAR FUNDING INC.,

(Appeal from Neilson v. Aguirre (In re Cedar
Funding, Inc.), Bankr. N.D. Cal. (San Jose)
Case No. 08-52709 CN, Adv. No. 09-05260
CN)

12

Debtor.
/

13
WILLIAM M. DWYER, et. al.,

Adv. Proc. No. 09-05260 CN

14
Appellant(s),
15
16

ORDER DIRECTING CLERK TO
REASSIGN ACTION TO JUDGE
RONALD M. WHYTE

v.
R. TODD NEILSON, Chapter 11 Trustee,

17
Respodnent(s).
18
19

/
Having determined this action was incorrectly assigned under the terms of General Order 44,

20

the court orders the Clerk to reassign this action to Judge Ronald M. Whyte as matters arising from

21

the same underlying bankruptcy case are already pending before Judge Whyte.1

22

IT IS SO ORDERED.

23

Dated: January 6, 2012
EDWARD J. DAVILA
United States District Judge

24
25
26
1

27
28

Section (D)(9) of General Order 44 states: “Notwithstanding any other provision of the
assignment plan, the clerk shall assign a bankruptcy matter to the same judge who as assigned any
previously filed bankruptcy matter arising from the same case in the United States Bankruptcy
Court.”
1
CASE NO. 5:11-cv-06302 EJD
ORDER DIRECTING CLERK TO REASSIGN ACTION TO JUDGE RONALD M. WHYTE