Riederer v. Kutak Rock, LLP

Filing 31

ORDER adopting Judge Somers's Report and Recommendations (Dkt. 11), and granting Kutak Rock's Motion to Withdraw Reference (Dkt. 2). Signed by District Judge J. Thomas Marten on 7/31/2013. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ALBERT A. RIEDERER, et al.,
Plaintiffs,
v.

Case No. 11-2456-JTM

KUTAK ROCK, L.L.P., et al.,
Defendants.
ORDER
The court previously denied defendant Kutak Rock’s Motion to Withdraw
Reference (Dkt. 2) in its Memorandum and Order dated October 3, 2011. See Dkt. 9. In
denying the Motion, the court adopted Bankruptcy Judge Somers’s previous Report and
Recommendation (Dkt. 6), which suggested deferring withdrawal until the scope of the
case was in sharper focus. The court noted in its Order that “withdrawal is not
appropriate at this time,” and that it was denying the Motion “as premature.”
Judge Somers recently filed his Supplemental Report and Recommendations.
Dkt. 11. The report states that the “status of this litigation has changed materially since
the court’s initial recommendation.” Now, all four active defendants’ interests are
aligned, and they agree that the reference to the bankruptcy court should be withdrawn
at this time. The parties have not agreed that the bankruptcy court can conduct a jury
trial in this case, so it must be tried in the district court. Judge Somers now recommends
that the Motion to Withdraw Reference be granted. See Dkt. 11.

The court adopts Judge Somers’s Report and Recommendations and grants the
motion. The court has already entered an Order setting the case for a scheduling
conference. See Dkt. 21.
IT IS THEREFORE ORDERED this 31st day of July, 2013, that Kutak Rock’s
Motion to Withdraw Reference (Dkt. 2) is granted.

s/J. Thomas Marten
J. THOMAS MARTEN, JUDGE

2