Eggmann v. Myers et al

Filing 3

MEMORANDUM AND OPINION, granting 1 MOTION to Withdraw Reference filed by LeFevre, Oldfield, Myers, Apke & Payne Law Group Ltd., James Richard Myers; withdrawing reference of this matter from the bankruptcy court.f Signed by Judge J. Phil Gilbert on 10/30/08. (dka, )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS IN RE: JOSEPH W. DIEKEMPER and MARGARET A. DIEKEMPER, Debtors ____________________________________ ROBERT E. EGGMANN, in his official capacity as Trustee of the Estate of Joseph W. Diekemper and Margaret A. Diekemper, Plaintiff, v. JAMES RICHARD MEYERS, LEFEVRE, OLDFIELD, MYERS, APKE & PAYNE LAW GROUP LTD., JOSEPH W. DIEKEMPER, MARGARET A DIEKEMPER, and RAY L. HOLCOMB, Defendants. Case No. 08-cv-757-JPG

MEMORANDUM AND ORDER
This matter comes before the Court on Defendants's Motion to Withdraw the Reference (Doc. 1) contending that this matter is more properly before the district court than the bankruptcy court. Plaintiff has filed a response asserting that he does not object to the withdrawal of the reference (Doc. 2). The Court, being fully advised in the premises, and for good cause shown, GRANTS Defendants's Motion (Doc. 1) and withdraws the reference of this matter from the bankruptcy court.

IT IS SO ORDERED. DATED: October 30, 2008

s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE