Foresight Applications & Systems Technologies Inc et al v. Genesse Capital Corporation

Filing 10

ORDER granting 2 Motion to Withdraw Reference.Telephone Conference set for 9/4/2015 09:30 AM before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 8/14/2015.(mlace, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-03164-REB
(Bankruptcy Case No. 13-13290-SBB (Chapter 11)
(Adversary Proceeding No. 14-01236-SBB)
In re:
FORESIGHT APPLICATIONS & SYSTEMS TECHNOLOGIES, LLC,
Debtor.

FORESIGHT APPLICATIONS & SYSTEMS TECHNOLOGIES, LLC,
Plaintiff,
v.
GENESEE CAPITAL CORPORATION,
Defendant.

ORDER
Blackburn, J.
This matter is before me on the Motion for Withdrawal of Reference [#2]1 filed
November 21, 2014. The plaintiff / debtor filed a response [#4] and does not oppose
the motion.
The parties agree that the reference of this adversary proceeding to the United
States Bankruptcy Court for the District of Colorado should be withdrawn. Under 28
U.S.C. § 157(d), a district court may withdraw its reference of a case to the bankruptcy

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“[#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.

court for cause shown. This adversary proceeding concerns claims asserted by the
debtor against the defendant seeking to recover an allegedly preferential payment made
to the defendant on behalf of the debtor. The defendant demands a jury trial on all
claims asserted against it. The bankruptcy court may conduct a jury trial only when
certain specific prerequisites have been satisfied. 28 U.S.C. § 157(e). All parties
concur that those prerequisites are not satisfied in this case.
In withdrawing the reference to the bankruptcy court of this adversary
proceeding, I am not precluded from referring pretrial matters to the bankruptcy court.
In re M & L Business Machine Co., 159 B.R. 932, 935 (D. Colo. 1993). I find and
conclude that the bankruptcy court is in the best position to efficiently manage discovery
and pretrial matters in this case.
THEREFORE IT IS ORDERED as follows:
1. That the Motion for Withdrawal of Reference [#2] filed November 21, 2014,
is granted;
2. That under 28 U.S.C. § 157(d), the automatic referral of the above-captioned
adversary proceeding to the United States Bankruptcy Court for the District of Colorado,
entered under D.C.COLO.LCivR 84.1(d), is withdrawn;
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;
4. That on September 4, 2015, at 9:30 a.m. (MDT), the parties shall contact Ms.
Nel Steffens, the court’s judicial assistant, by telephone at 303-335-2350 to set this
matter for trial preparation conference and jury trial; provided, that counsel for the
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plaintiff / debtor shall arrange, initiate, and coordinate the conference call necessary to
facilitate the telephone setting conference; and
5. That trial on the merits shall proceed in the United States District Court for the
District of Colorado under Civil Action No. 14-cv-03164-REB.
Dated August 14, 2015, at Denver, Colorado.
BY THE COURT:

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