McKinstry v. Sergent et al

Filing 25

MEMORANDUM OPINION & ORDER: 1) with respect to Sergent's appeal Pikeville No. 11-129 the Bankruptcy Court's Abstention & Remand Order is VACATED & REVERSED IN PART. Bankruptcy Court's order to abstain from & remand the pla's state law claims against Sergent is VACATED & REVERSED. Bankruptcy Court's order refusing to abstain from pla's state-law claims against the A & M parties has not been appealed to this Court & so Court does not address the merits of that decisio n. Sergent's appeal Pikeville No. 11-129 is STRICKEN from Court's active docket. 2) Pla's amended motion to withdraw reference of its state-law claims against Sergent and A & M parties, Pikeville No. 11-133 is DENIED WITHOUT PREJUDICE. Bankruptcy Court shall CONDUCT all remaining pretrial matters, including any discovery on Sergent claims. If further dispositive motions arise Bankruptcy Court must SUBMIT proposed findings of fact & conclusions of law on any issues involving Sergen t claims & must ENTER final orders on any issues involving A & M claims. Bankruptcy Court shall CERTIFY in a WRITTEN ORDER when (a) all fact & expert discovery has closed; (b) dispositive motion deadline has expired & Bankruptcy Court has ruled on al l dispositive motions; and (c) case is trial-ready. At this time any party may file a motion to withdraw reference in this Court. Upon withdrawal Court will schedule a date for trial & set a briefing timeline for nay motions in limine & other trial m atters. This action for withdrawn Pikeville No. 11-133 is STRICKEN from Court's active docket; 3) Court previously stayed Bankruptcy Court's Abstention Order until the Court resolved Sergent's appeal. Stay Pikeville No. 11-129 IS LIFTED; 4) Clerk shall SEND a copy of this Memo Opinion & Order to the Clerk of the U.S. Bankruptcy Court for EDKY; 5) pla's jury demand for Counts I, II, III, IV and V is SUSTAINED. Signed by Judge Amul R. Thapar on 3/21/2012. (RKT) cc: COR