Adam Aircraft Industries, Inc. et al v. M&M Aerospace Hardware, Inc.

Filing 9

ORDER denying 1 Defendant M&M Aerospace Hardware, Inc.'s Motion to Withdraw Reference, by Judge John L. Kane on 4/13/09.(gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 09-cv-690-AP In re: ADAM AIRCRAFT INDUSTRIES, INC., Debtor. JEFFREY A. WEINMAN, as Chapter 7 Trustee, Plaintiff, v. M&M AEROSPACE HARDWARE, INC., a/k/a B/E Aerospace Company, Defendant. ORDER Kane, J. This matter is before the court on Defendant M&M Aerospace Hardware, Inc.'s, Motion for Withdrawal of Reference. The motion is DENIED. No cause exists to withdraw the reference under 28 U.S.C. § 157(d). The Defendant filed its motion to withdraw the reference weeks after the Trustee filed a motion to strike the jury demand and it waited more than 30 days after filing its jury demand to seek the withdrawal. While I do not hold that in all cases, a strict application of Stainer v. Latimer (In re Latimer), 918 F.2d 136 (10th Circ. 1990) requires that the demand for jury trial must be filed simultaneously with a request to transfer to the district court, the holding is clear that the two must be filed in combination. Here, there is no such combination. Providing for transfer is such a stuttered fashion in the absence of compelling discrete reasons for delay is not in the

interests of an efficient and just administration of the Bankruptcy Court's business. Dated: April 13, 2009 BY THE COURT: S/John L. Kane John L. Kane, Senior Judge United States District Court