Field et al v. Deutsche Bank National Trust Company
Filing
1
NOTICE OF TRANSMITTAL FROM THE U.S. BANKRUPTCY COURT, Adversary Proceeding No. 14-90052 (Chapter 7 BK No. 11-01915): (Attachments: # 1 Recommendation to District Court to Withdraw Reference to Conduct Jury Trial, # 2 U.S. Bankruptcy Court Docket Sheet for Adversary Proceeding # 14-90052) (afc)
Date Signed:
March 31, 2015
UNITED STATES BANKRUPTCY COURT
DISTRICT OF HAWAII
Case No. 11‐01915
Chapter 7
In re:
JOSEPH DULLAS SUMBILLO,
Debtor.
DANE S. FIELD and LUCIA MALIT
SUMBILLO,
Plaintiffs,
vs.
DEUTSCHE BANK NATIONAL TRUST
COMPANY,
Defendant.
Adversary Proceeding No. 14‐90052
RECOMMENDATION TO DISTRICT COURT TO
WITHDRAW REFERENCE TO CONDUCT JURY TRIAL
The Plaintiffs filed their First Amended Complaint in this action on August
26, 2014. The complaint includes a demand for a jury trial. On March 19, 2015, I
heard the Defendant’s motion to dismiss claims for alleged violations of HRS
U.S. Bankruptcy Court - Hawaii #14-90052 Dkt # 37 Filed 03/31/15 Page 2 of 11
chapter 480, denying the motion in an order entered March 30, 2015. The
Plaintiffs’ jury demand also was discussed at the hearing and the Defendant
indicated that it does not object to a jury trial before a district judge.
Therefore, I recommend that the district court withdraw reference of this
adversary proceeding to conduct a jury trial. I further recommend that the district
court leave the adversary proceeding in the bankruptcy court for all other
purposes until sixty days prior to the trial date. This would facilitate a prompt
resolution of this matter and permit me to set meaningful deadlines for the
completion of all pretrial matters. Alternatively, the district court could withdraw
reference now and address all remaining pretrial matters itself.
END OF RECOMMENDATION
U.S. Bankruptcy Court - Hawaii #14-90052 Dkt # 37 Filed 03/31/15 Page 3 of 11
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