Cedar Rapids Lodge & Suites, LLC et al v. Gabrielson et al

Filing 4

ORDER dismissing as moot 3 Motion to Withdraw Reference. In the motion, Plaintiff's request that the court withdraw the reference of the adversary proceedings in Bankruptcy Court, and consolidate the proceedings with the civil proceeding alrea dy pending in this court (No. 09-cv-175). Plaintiffs dismissed their claims against Gabrielson in the District Court Proceeding. Therefore, there is no cause to withdraw the reference of the Bankruptcy Proceeding to the district court. Accordingly, the Motion is dismissed as moot. The Clerk of Court is hereby directed to close the case. Signed by Chief Judge Linda R Reade on 11/17/11. (ksy) Modified text on 11/17/2011 (ksy).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
CEDAR RAPIDS LODGE & SUITES,
LLC et al.,
Plaintiffs,

No. 11-CV-106-LRR

vs.

ORDER

MARC GABRIELSON,
Defendant.
____________________
The matter before the court is Plaintiffs’ “Motion to Withdraw Reference”
(“Motion”) (docket no. 3), which Plaintiffs filed on October 20, 2011. In the Motion,
Plaintiffs request that the court withdraw the reference of the adversary proceeding in the
Bankruptcy Court, In re Gabrielson, Adv. Proc. No. 11-9070 (Bankr. N.D. Iowa filed
Sept. 15, 2011) (“Bankruptcy Proceeding”), and consolidate the proceeding with the civil
proceeding already pending in this court, Cedar Rapids Lodge & Suites, LLC v. JFS
Development, No. 09-CV-175 (N.D. Iowa filed Dec. 3, 2009) (“District Court
Proceeding”).
On November 2, 2011, Plaintiffs dismissed their claims against Gabrielson in the
District Court Proceeding. See District Court Proceeding Stipulation of Dismissal (docket
no. 181). Therefore, there is no cause to withdraw the reference of the Bankruptcy
Proceeding to the district court, and the Bankruptcy Proceeding does not require
consideration of both bankruptcy law and Plaintiffs’ RICO claims against Gabrielson. See
28 U.S.C. § 157(d) (stating that a district court may withdraw a proceeding from a
bankruptcy court “for cause shown” and shall withdraw such a proceeding “if the court
determines that resolution of the proceeding requires consideration of both title 11 and
other laws of the United States regulating organizations or activities affecting interstate

commerce”). Accordingly, the Motion is DISMISSED AS MOOT. The Clerk of Court
is hereby DIRECTED to CLOSE THIS CASE.
IT IS SO ORDERED.
DATED this 17th day of November, 2011.

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