Roberts v. Atkinson et al

Filing 6

ORDER denying without prejudice Defendants' Motions to Withdraw Reference from Bankruptcy Court to the United States District Court for the Middle District of Florida 2 , 5 . The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 10/11/2012. (CH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IN RE
ERNIE HAIRE FORD, INC.,
Debtor.
_________________________________ /
ERNIE HAIRE FORD, INC.,
Plaintiff,
v.

Case No. 8:12-mc-92-T-33
Bankr. No. 8:08-bk-18672-MGW
Advs. Pro. No. 8:11-ap-01402-MGW

BENJAMIN J. ATKINSON and
HARDEE CAR COMPANY,
Defendants.
__________________________________/
ORDER
This matter comes before the Court pursuant to Benjamin
Atkinson’s and Hardee Car Company’s Motions to Withdraw Reference
from Bankruptcy Court to the United States District Court for the
Middle District of Florida (Doc. ## 2, 5).

The Motions were filed

on August 30, 2012, and October 9, 2012, respectively. Ernie Haire
Ford, Inc., filed a Response to Atkinson’s Motion (Doc. # 4) on
October 8, 2012.
The relevant Motions involve an adversary proceeding pending
before the bankruptcy court in which Atkinson and Hardee Car
Company have filed Answers and Demands for a Jury Trial.

Atkinson

and Hardee Car Company expressly provide in the Motions to Withdraw
Reference that they do not consent to a jury trial of the adversary
proceeding in bankruptcy court.

(Doc. # 2 at 4; Doc. # 5 at 4).

Thus, Defendants request this Court to withdraw the reference of
the adversary proceeding so that the requested jury trial may be
conducted before this Court instead.
Upon

consideration,

reference.

the

Court

declines

to

withdraw

the

The Court concludes that permitting this adversary

proceeding to remain in bankruptcy court for the disposition of all
pretrial matters, including any dispositive motion, (1) advances
uniformity of bankruptcy administration, (2) decreases both the
likelihood of confusion and the opportunity to gain an advantage by
forum shopping, (3) promotes the economical use of the parties’
resources by limiting the bulk of the action to a single forum, and
(4)

facilitates

estate.

the

efficient

administration

of

the

debtor’s

See In re Parklane/Atlanta Joint Venture, 927 F.2d 532,

536 (11th Cir. 1991).

“[T]he bankruptcy judge is ‘fully equipped’

with the necessary judicial skills to determine and resolve all
legal issues arising in this case prior to trial.”

Hvide Marine

Towing, Inc. v. Kimbrell, 248 B.R. 841, 845 (M.D. Fla. 2000).
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED that:
Defendants’ Motions to Withdraw Reference from Bankruptcy
Court to the United States District Court for the Middle District
of Florida (Doc. ## 2, 5) are DENIED WITHOUT PREJUDICE to the
extent that the parties may re-assert the request for withdrawal
upon the conclusion of all pre-trial matters.
2

The Clerk is

directed to CLOSE this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 11th day
of October, 2012.

Copies to:
Counsel of Record
Clerk, Bankruptcy Court

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