Energy Conversion Devices, Inc.

Filing 4

ORDER Withdrawing the Reference of Adversary Proceeding. Signed by District Judge Gerald E. Rosen. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: ENERGY CONVERSION DEVICES, INC., et al., Debtors. _________________________________/ JOHN MADDEN, Liquidation Trustee, Plaintiff, Case No. 13-12932 Hon. Gerald E. Rosen Bankr. Case No. 12-43166 Chapter 11 Hon. Thomas J. Tucker Adv. Proceeding No. 12-4917 v. ONTILITY LLC, Defendant. __________________________________/ ORDER WITHDRAWING THE REFERENCE OF ADVERSARY PROCEEDING At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on July 10, 2014 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court By order entered on October 26, 2012 in Case No. 12-12653, this Court denied a motion brought by Defendant Ontility LLC to withdraw the reference of the abovecaptioned adversary proceeding to the Bankruptcy Court. In so ruling, the Court recognized that Defendant had demanded a jury trial and that, because Defendant did not consent to the Bankruptcy Court presiding over this trial, its “jury demand might well provide a basis for the eventual withdrawal of this proceeding from the purview of the Bankruptcy Court.” (Case No. 12-12653, 10/26/2012 Order at 3.) Nonetheless, the Court found that Defendant’s request to withdraw the reference was premature, and that the Bankruptcy Court should instead preside over the adversary proceeding until such time as it was ready for trial. (See id. at 3-4.) The adversary proceeding has now advanced to the stage where it is ready for trial, and the Bankruptcy Court has issued a recommendation that this Court should now withdraw the reference of this matter pursuant to 28 U.S.C. § 157(d). The Court having reviewed the Bankruptcy Court’s recommendation, and being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Bankruptcy Court’s recommendation to withdraw the reference (docket #1) is ADOPTED as the ruling of this Court. Accordingly, IT IS FURTHER ORDERED that the reference of the abovecaptioned adversary proceeding to the Bankruptcy Court is WITHDRAWN pursuant to 28 U.S.C. § 157(d) so that this Court may preside over the forthcoming jury trial in this proceeding. The Court will issue a notice directing the parties to attend a status and 2 settlement conference at which the Court, the parties, and their counsel can address the possibility of settlement and any other matters that the Court and the parties deem appropriate in advance of trial. s/Gerald E. Rosen Chief Judge, United States District Court Dated: July 10, 2014 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on July 10, 2014, by electronic and/or ordinary mail. s/Julie Owens Case Manager, (313) 234-5135 3

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