In re: SVS Holdings, Inc.

Filing 14

ORDER granting 2 Motion by Dominion Voting Systems Corporation and DominionVoting Systems, Inc., to Withdraw the Reference. The General Order of Reference IS WITHDRAWN as to this case. This matter IS REFERRED again to thebankruptcy court for consi deration and resolution of all pretrial issues, including, inter alia, scheduling, discovery, non-dispositive motions, dispositive motions, and entry of a final pretrial order. On 6/20/2013, at 9:30 a.m., the parties shall contact the court's ad ministrative assistant to set thismatter for trial preparation conference and jury trial. Trial on the merits of the plaintiffs claims SHALL PROCEED in the United States District Court for the District of Colorado under Civil Action No. 13-cv-00169-REB. By Judge Robert E. Blackburn on 6/11/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00169-REB
(Bankruptcy Case No. 10-24238 HRT (Chapter 7),
Adversary Proceeding No. 12-01757 HRT)
In re:
SVS HOLDINGS, INC.,
Debtor.

TOM H. CONNOLLY, CHAPTER 7 TRUSTEE,
Plaintiff,
v.
DOMINION VOTING SYSTEMS CORPORATION and
DOMINION VOTING SYSTEMS, INC.,
Defendants.

ORDER
Blackburn, J.
This matter is before me on the Motion by Dominion Voting Systems
Corporation and Dominion Voting Systems, Inc., to Withdraw the Reference [#2]1
filed January 23, 2013. Initially, the plaintiff opposed the relief sought in the motion.
However, on February 7, 2013, the plaintiff filed a response [#12], indicating he does
not oppose the relief sought in the motion. I grant the motion.
This case concerns claims asserted by the Chapter 7 Trustee against the

1

“[#2]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

defendants, Dominion Voting Systems Corporation and Dominion Voting Systems, Inc.
The defendants ask that I withdraw the General Order of Reference to the United States
Bankruptcy Court for the District of Colorado and allow the plaintiff’s claims to proceed
in the United States District Court for the District of Colorado. Notably, in their answer
to the complaint, the defendants demand trial to a jury. The bankruptcy court may
conduct a jury trial only when certain specific prerequisites have been satisfied. 28
U.S.C. § 157(e). Those prerequisites are not satisfied in this case.
Under 28 U.S.C. § 157(d), a district court may withdraw its reference of a case to
the bankruptcy court for cause shown. The defendants have demanded and are
entitled to a trial by jury on the plaintiff’s claims. The bankruptcy court is not authorized
to conduct a jury trial on these claims. That constitutes good cause to withdraw the
reference of these claim to the bankruptcy court. However, this does not preclude me
from referring pretrial matters to the Bankruptcy Court. In re M&L Bus. Mach. Co.,
159 B.R. 932, 935 (D. Colo. 1993). I conclude that the bankruptcy court is in the best
position efficiently to manage pretrial matters in this case.
THEREFORE IT IS ORDERED as follows:
1. That the Motion by Dominion Voting Systems Corporation and Dominion
Voting Systems, Inc., to Withdraw the Reference [#2] filed January 23, 2013, is
GRANTED;
2. That the General Order of Reference IS WITHDRAWN as to this case;
3. That under 28 U.S.C. § 157, this matter IS REFERRED again to the
bankruptcy court for consideration and resolution of all pretrial issues, including, inter
alia, scheduling, discovery, non-dispositive motions, dispositive motions, and entry of a
final pretrial order;
2

4. That on June 20, 2013, at 9:30 a.m., the parties shall contact Ms. Susan
Schmitz, the court’s administrative assistant, by telephone at 303-335-2350 to set this
matter for trial preparation conference and jury trial; and
5. That trial on the merits of the plaintiff’s claims SHALL PROCEED in the
United States District Court for the District of Colorado under Civil Action No. 13-cv00169-REB.
Dated June 11, 2013, at Denver, Colorado.
BY THE COURT:

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