Canal Walk Construction, LLC, et al. v. Schlossberg

Filing 36

ORDER GRANTING Motion for Reconsideration and VACATING Order of Abstention and REPORT AND RECOMMENDATION to U.S. District Court re 13 Complaint filed by Roger Schlossberg, 35 MOTION for Reconsideration of Order Abstaining from Adversary Complaint filed by Roger Schlossberg Signed by: Bankruptcy Judge Thomas J. Catliota. Signed by Bankruptcy Judge Thomas J. Catliota on 10/1/2015 and entered in Adversary Proceeding 13-0604 TJC on 10/2/2015. (Attachments: # 1 Text of Proposed Order, # 2 Transmittal Sheet)(kns, Deputy Clerk)

Entered: October 02, 2015
Signed: October 01, 2015

SO ORDERED

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
(Greenbelt Division)
_________________________________________
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BELL BUILDERS, INC.,
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Debtor.
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________________________________________ )
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ROGER SCHLOSSBERG,
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CHAPTER 7 TRUSTEE,
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Plaintiff,
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v.
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BELL BUILDERS REMODELING, INC., et al., )
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Defendants.
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_________________________________________ )
In re:

Case No. 11-30672
Chapter 7

Adversary Proceeding
No. 13-00604

ORDER GRANTING MOTION FOR RECONSIDERATION
AND VACATING ORDER OF ABSTENTION
AND REPORT AND RECOMMENDATION TO U.S. DISTRICT COURT

UPON CONSIDERATION of the Trustee’s Motion for Reconsideration of this Court’s
Memorandum and Order Abstaining from Counts 1-10 of the Adversary Complaint, entered on
September 8, 2015 (“Abstention Order”), the Joint Request of All Parties for Agreed Disposition
of Motion for Reconsideration of Order of Abstention, and the record herein, and for good cause
shown, it is hereby
ORDERED, ADJUDGED and DECREED THAT:
1. The Motion for Reconsideration be, and hereby is, GRANTED; and further:
2. The Order of Abstention be, and here by is, vacated, and for the reasons set forth in the
Order of Abstention it is this Court’s Report and Recommendation that the U.S. District
Court abstain from considering Counts 1 through 10 of Adversary Complaint and the
dismissal without prejudice of Counts 1 through 10 of the Adversary Complaint is
conditioned upon and subject to the agreement of all Parties, as reflected in the Joint
Request of All Parties for Agreed Disposition of Motion for Reconsideration of Order of
Abstention regarding the application of statutes of limitations in state court; and further:
3. It is this Court’s Report and Recommendation that the U.S. District Court order that the
agreement of the Trustee and Defendants regarding the application of the statute of
limitations shall be binding upon the Trustee and Defendants in the state court action to
be refiled by the Trustee; and further:
4. It is this Court’s Report and Recommendation that the U.S. District Court order Counts 1
and 10 of the Adversary Complaint be deemed dismissed without prejudice ten (10) days
from the date of entry of the U.S. District Court order; and further:
5. It is this Court’s Report and Recommendation that Count 11 of the Adversary Complaint
be stayed pending final resolution of the applicable state court action, and that within
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seven days of the final resolution of the applicable state court action, the Plaintiff shall
file a status report with this court stating the disposition of that action and requesting
relief from this order with respect to Count 11 as appropriate; and further
6. Attached hereto is a recommended form of an order for consideration and entry by the
U.S. District adopting this Court’s Report and Recommendation
END OF ORDER

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