GIULIANO v. Schnabel et al.

Filing 80

MEMORANDUM Granting request to refer this case to the Bankruptcy Court (D.I. 68 ). Signed by Judge Richard G. Andrews on 5/6/2014. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

CHAPTER 7 TRUSTEE ALFRED T. GIULIANO,
Plaintiff,
Civil Action No. 14-471-RGA

v.
MICHAEL SCHNABEL, et al.,
Defendants.

MEMORANDUM
I have a request to refer this case to the Bankruptcy Court. (D.I. 68). The docket in the
underlying bankruptcy case of Jn re: DSI Renal Holdings, LLC, No. 11-11722, shows that it is a
chapter 7 case with no recent activity.

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It is the practice of this Court, as embodied in the Amended Standing Order of Reference,
to refer to the Bankruptcy Court anything that can be referred that court. It makes sense for the
bankruptcy court to be managing all related litigation, even if some of it is litigation to which
there is a jury trial right. The bankruptcy court benefits from seeing the big picture while making
decisions on discrete pieces of the litigation. In addition, the Bankruptcy Court has expertise
in bankruptcy law that I do not have.
I am going to refer this case to the Bankruptcy Court. While there is no recent activity in
the underlying bankruptcy litigation, it seems clear that the Bankruptcy Court's expertise will be
useful in managing the adversary case until it is ready for a jury trial. The pending motions make
multiple arguments relying upon bankruptcy law, and it appears that both factually and legally
the Bankruptcy Court's expertise will be useful in resolving disputed issues.

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Thus, the request to refer the case is GRANTED. A separate order will be entered.