Lewis v. HealthTrio LLC et al
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, )
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)
DAVID E. LEWIS, CHAPTER 7 TRUSTEE,
GLEN W. MERRICK,
G.W. MERRICK & ASSOCIATES, LLC,
ASMA GULL HASAN,
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The parties agree that the reference must be withdrawn to the extent this case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
“[#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reference to the bankruptcy court should be withdrawn for all purposes, including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withdrawn immediately.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
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
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:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?