Energy Conversion Devices, Inc.

Filing 4

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

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IT IS FURTHER ORDERED that the reference of the abovecaptioned adversary proceeding to the Bankruptcy Court is WITHDRAWN pursuant to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

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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, [phone]

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