In re: The Roman Catholic Bishop of San Diego

Filing 14

ORDER Clarifying 13 Order Denying Motion to Withdraw Reference Signed by Judge Irma E. Gonzalez on 8/21/2007. Court clarifies that its 8/20/2007 Order denied w/o prejudice Debtor's motion to withdraw the reference of adversary actions, as well as motion to remand set for hearing in those cases. Court intends at time of 11/26/2007 hearing to allow Debtor to renew its motion to withdraw the reference. Jurisdiction remains in the Bankruptcy Court to take any and all action necessary for administration of the bankruptcy proceedings. Nothing in this Order or Court's 8/20/2007 shall be construed as an indication that bankruptcy court lacks jurisdisction to rule on any matter. (jah)

In re: The Roman Catholic Bishop of San Diego

Doc. 14

Case 3:07-cv-01355-IEG-LSP

Document 14

Filed 08/21/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Evidence of public record makes it apparent the Debtor has misconstrued the Court's August 20, 2007 Order. See Sandi Dolbee and Mark Sauer, U.S. Judge Won't Intervene in Diocese Case, SAN DIEGO UNION TRIBUNE, August 21, 2007, at B8 (statement by Diocese attorney Michael Webb that bankruptcy court is blocked from considering remand motions). The Court hereby clarifies that its August 20, 2007 order denied without prejudice the Debtor's motion to withdraw the reference of the adversary actions, as well as the motions to remand set for hearing in -107cv1355

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
In re, THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, a corporation sole, Debtor. JACOB OLIVAS, an individual; PATRICK OLIVAS, an individual, Plaintiffs, v. DIOCESE OF SAN DIEGO EDUCATION AND WELFARE CORPORATION, et al., Defendants. CASE NO. 07cv1355-IEG(RBB) Bankruptcy Case No. 07-00989-LA11 Adversary Case No. 07-90078

Order Clarifying August 20, 2007 Order Denying Motion to Withdraw the Reference

Dockets.Justia.com

Case 3:07-cv-01355-IEG-LSP

Document 14

Filed 08/21/2007

Page 2 of 2

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those cases. The Court intends, at the time of the November 26, 2007 hearing, to allow the Debtor to renew its motion to withdraw the reference. However, in the interim, jurisdiction remains in the bankruptcy court to take any and all actions necessary for administration of the bankruptcy proceedings, including but not limited to ruling on the pending motions for remand. Nothing in this order or in the Court's August 20, 2007 order shall be construed as an indication that the bankruptcy court lacks jurisdiction to rule on any matter. IT IS SO ORDERED.

DATED: August 21, 2007 IRMA E. GONZALEZ, Chief Judge United States District Court

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07cv1355