Lewis v. HealthTrio LLC et al

Filing 8

ORDER granting 3 Asma Hasan's Motion for Withdraw [sic] of Reference. Final Pretrial Conference set for 4/15/2016 10:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Fifteen (15) day Jury Trial set for 5/2/2016 08:30 AM in Courtr oom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 4/15/2015 at 10:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 9/14/2015. (Attachments: # 1 TRIAL PREPARATION CONFERENCE ORDER)(mlace, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 15-cv-00354-REB (Bankruptcy Case No. 09-34404 HRT (Chapter 7), Adversary Proceeding No. 14-01215 HRT) In re: HEALTHTRIO, INC., Debtor. DAVID E. LEWIS, CHAPTER 7 TRUSTEE, Plaintiff, v. GLEN W. MERRICK, G.W. MERRICK & ASSOCIATES, LLC, ASMA GULL HASAN, Defendants. ORDER Blackburn, J. This matter is before me on Asma Hasan’s Motion for Withdraw [sic] of Reference [#3],1 filed February 20, 2015. The plaintiff, the Chapter 7 Trustee, filed a limited objection [#6] to the motion. Asma Hasan filed a reply [#5]. I grant the motion. The parties agree that the reference must be withdrawn to the extent this case involves claims on which any party is entitled to a trial by jury. Ms. Hasan contends the 1 “[#3]” 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. reference to the bankruptcy court should be withdrawn for all purposes, including pretrial proceedings. The Chapter 7 Trustee contends the reference should not be withdrawn immediately. Rather, the trustee contends the bankruptcy court should handle pretrial proceedings. Previously, the Chapter 7 Trustee filed a motion to withdraw the reference in this case. The motion of the Chapter 7 Trustee was docketed in this court under Civil Action No. 15-cv-00455-REB-MEH and was granted. As noted in my order in 15-cv-00455-REB-MEH, under 28 U.S.C. § 157(d), a district court may withdraw its reference of a case to the bankruptcy court for cause shown. This case concerns claims asserted by the Chapter 7 Trustee against defendants as to which both the Trustee and Ms. Hasan have demanded 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. However, in withdrawing the reference 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 Asma Hasan’s Motion for Withdraw [sic] of Reference [#3] filed February 20, 2015, is granted on the terms stated in this order; 2. That as to this case, the automatic referral entered under D.C.COLO.LCivR 84.1(d) is withdrawn, consistent with my previous order in 15-cv-00455-REB-MEH; and 2 3. That trial shall of this matter shall proceed on the schedule stated in the Trial Preparation Conference Order [#11] entered in Civil Action No. 15-cv-00455-REBMEH. Dated September 14, 2015, at Denver, Colorado. BY THE COURT: 3

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