Roberts v. Atkinson

Filing 5

ORDER denying without prejudice 2 Defendant's Motion to Withdraw Reference from Bankruptcy Court to the United States District Court for the Middle District of Florida. 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-94-T-33
Bankr. No. 8:08-bk-18672-MGW
Advs. Pro. No. 8:11-ap-01405-MGW

BENJAMIN J. ATKINSON
Defendant.
__________________________________/
ORDER
This matter comes before the Court pursuant to Benjamin
Atkinson’s Motion to Withdraw Reference from Bankruptcy Court to
the United States District Court for the Middle District of Florida
(Doc. # 2), filed on August 30, 2012.

Ernie Haire Ford, Inc.,

filed a Response to Atkinson’s Motion (Doc. # 4) on October 8,
2012.
The relevant Motion involves an adversary proceeding pending
before the bankruptcy court in which Atkinson has filed an Answer
and Demand for a Jury Trial.

Atkinson expressly provides in the

Motion to Withdraw Reference that he does not consent to a jury
trial of the adversary proceeding in bankruptcy court.
at

4).

Thus,

Atkinson

requests

this

Court

to

(Doc. # 2

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:
Defendant’s Motion to Withdraw Reference from Bankruptcy Court
to the United States District Court for the Middle District of
Florida (Doc. # 2) is DENIED WITHOUT PREJUDICE to the extent that
the parties may re-assert the request for withdrawal upon the
conclusion of all pre-trial matters.

The Clerk is directed to

CLOSE this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 11th day
2

of October, 2012.

Copies to:
Counsel of Record
Clerk, Bankruptcy Court

3