Manoa Boys Club, LLC v. YogurtKing LLC et al

Filing 58

ORDER Granting Plaintiff's Unopposed 54 Motion to Refer Pending Case to the United States Bankruptcy Court for the District of Hawaii. Signed by JUDGE DERRICK K. WATSON on 4/4/2014. ~ Manoa has shown that its claims are relate d to Defendant Tanabe's bankruptcy proceedings, and Defendants do not suggest otherwise. Accordingly, consistent with LR 1070.1(b), the Court GRANTS Manoa's motion and orders this case referred to the bankruptcy court. Manoa has filed a jury demand, and trial is currently set for February 9, 2015 in this court. The bankruptcy court shall retain jurisdiction until 60 days prior to the trial date, at which time the reference should be deemed withdrawn. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 4/7/14 the date of this docket entry Modified on 4/4/2014 (ecs, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I

MANOA BOYS CLUB, LLC, a
Hawai’i limited liability company,
Plaintiff,
vs.
YOGURTKING LLC, a Texas Limited
Liability Company; WON S. PAK;
ROGER TANABE; and
DOE DEFENDANTS 1-20,

CIVIL NO. 13-00048 DKW/BMK
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION TO REFER
PENDING CASE TO THE UNITED
STATES BANKRUPTCY COURT
FOR THE DISTRICT OF HAWAII

Defendants.

ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO REFER
PENDING CASE TO THE UNITED STATES BANKRUPTCY
COURT FOR THE DISTRICT OF HAWAII
Manoa Boys Club, LLC moves for an order referring the present
action to the U.S. Bankruptcy Court for the District of Hawaii, where Defendant
Tanabe initiated Chapter 7 bankruptcy proceedings while this action was pending.
Defendants do not object.
In general, district courts have original and exclusive jurisdiction over
all bankruptcy matters, 28 U.S.C. § 1334, and may refer such matters to a
bankruptcy court. 28 U.S.C. § 157(a). LR 1070.1(b) provides that “[a]ny civil

proceeding arising in or related to a case under Title 11 that is pending in the
district court on the date the Title 11 case is filed shall be referred to a bankruptcy
judge [by order of the district court].”
Manoa has shown that its claims are related to Defendant Tanabe’s
bankruptcy proceedings, and Defendants do not suggest otherwise. Accordingly,
consistent with LR 1070.1(b), the Court GRANTS Manoa’s motion and orders this
case referred to the bankruptcy court. Manoa has filed a jury demand, and trial is
currently set for February 9, 2015 in this court. The bankruptcy court shall retain
jurisdiction until 60 days prior to the trial date, at which time the reference should
be deemed withdrawn.
IT IS SO ORDERED.
DATED: HONOLULU, HAWAI‘I, April 4, 2014.

Manoa Boys Club, LLC v. YogurtKing LLC, et al.; CV 13-00048 DKW/BMK;
ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION TO REFER
PENDING CASE TO THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF HAWAII
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