John Hoang v. Bank of America, National Association

Filing 3

ORDER TO SHOW CAUSE WHY ACTIONS SHOULD NOT BE DISMISSED; AND TERMINATING MOTIONS TO WITHDRAW REFERENCE. Show Cause Response due by 10/16/2015. Signed by Judge Beth Labson Freeman on 9/18/2015. (blflc1, COURT STAFF) (Filed on 9/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IN RE JOHN HOANG,

Case No. 14-cv-02354-BLF

Debtor.

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United States District Court
Northern District of California

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IN RE JOHN HOANG,

Case No. 14-cv-02380-BLF

Debtor.
ORDER TO SHOW CAUSE WHY
ACTIONS SHOULD NOT BE
DISMISSED; AND TERMINATING
MOTIONS TO WITHDRAW
REFERENCE

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The above-captioned cases involve an adversary proceeding, Case No. 13-05149-ASW,

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that Debtor John Hoang (“Hoang”) filed in his Chapter 13 bankruptcy action, Case No. 11-55197-

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ASW. Hoang filed the adversary proceeding on October 23, 2013. See Adversary Complaint,

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ECF 1 in Case No. 13-05149-ASW; Adversary Complaint, ECF 107 in Case No. 11-55197-ASW.

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On May 21, 2014, while motions to dismiss the adversary complaint were pending before the

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bankruptcy court, several defendants (“Moving Parties”) moved to withdraw the reference of the

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adversary proceeding on the ground that it raised exclusively non-core issues under 28 U.S.C. §

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157. See Motion to Withdraw Reference, ECF Nos. 55 and 62 in Case No. 13-05149-ASW. The

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identical motion to withdraw appears to have been filed twice in the adversary proceeding, and it

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was transmitted twice to the district court, resulting the opening of both of the above-captioned

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cases in the district court. See Motion to Withdraw Reference, ECF 1 in Case No. 14-cv-2354-

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BLF; Motion to Withdraw Reference, ECF 1 in Case No. 14-cv-02380-BLF.

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Both district court cases were assigned to the undersigned judge. Clerk’s Notices issued in
both cases directing Moving Parties to notice their motions to withdraw for hearing before this

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Court pursuant to Civil Local Rule 7-2(a). See Clerk’s Notice, ECF 2 in Case No. 14-cv-02354-

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BLF; Clerk’s Notice, ECF 3 in Case No. 14-cv-02380-BLF. Moving Parties did not notice their

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motions to withdraw for hearing, perhaps because the bankruptcy court granted the motions to

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dismiss the adversary complaint that had been pending before it. See Tentative Orders, ECF 50

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and 66 in Case No. 13-05149-ASW; Order on Motion to Dismiss Complaint for Failure to State a

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Claim Upon Which Relief Can be Granted, ECF 73 in Case No. 13-05149-ASW. The bankruptcy

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United States District Court
Northern District of California

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court granted Hoang leave to amend the adversary complaint; when Hoang failed to amend, the

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bankruptcy court dismissed the adversary proceeding in its entirety. See Order Dismissing

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Adversary Proceeding, ECF 75 in Case No. 13-05149-ASW.

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The pendency of the motions to withdraw the reference in this Court did not stay the

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proceedings in the bankruptcy court. See Fed. R. Bankr. P. 5011(c) (“The filing of a motion for

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withdrawal of a case . . . shall not stay the administration of the case or any proceeding therein

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before the bankruptcy judge except that the bankruptcy judge may stay, on such terms and

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conditions as are proper, proceedings pending disposition of the motion.”). In light of Moving

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Parties’ apparent abandonment of their motions to withdraw the reference and the bankruptcy

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court’s dismissal of the adversary proceeding, the pending motions to withdraw are hereby

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TERMINATED.

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The parties are hereby ORDERED to SHOW CAUSE, in writing and on or before October

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16, 2015, why the two cases pending before this Court – Case Nos. 14-cv-02354-BLF and

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14-cv-02380-BLF – should not be closed.

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IT IS SO ORDERED.

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Dated: September 18, 2015

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______________________________________
BETH LABSON FREEMAN
United States District Judge
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