Weinstein et al v. 1531 LVBS, LLC et al

Filing 7

ORDER Denying without prejudice 1 Motion to Withdraw Reference. Signed by Judge Jennifer A. Dorsey on 7/17/2014. (Copies have been distributed pursuant to the NEF - cc: US Bankruptcy Court - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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In re AFRODITI LEDSTROM,

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Debtor,
YVETTE WEINSTEIN, Chapter 11 Trustee,

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Case No.: 2:14-cv-00900-JAD-PAL
Bankr. No. 12-11672-MKN
Bankr. Adv. No. 14-01018-MKN

Plaintiff,
Order Denying Defendants’ Motion for
Withdrawal of the Reference to the
Bankruptcy Court (#1)

vs.
1531 LVBS, LLC, a Nevada limited liability
company, LV CABARET SOUTH, LLC, a Nevada
limited liability company,

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Defendants.

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Currently before the Court is Defendants 1531 LVBS, LLC’s (“1531”) and LV Cabaret

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South, LLC’s Motion for Withdrawal of the Reference for Adversary Proceeding Case No. 14-

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01018-MKN, to the Bankruptcy Court.1 On June 12, 2014, Yvette Weinstein in her capacity as the

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Chapter 11 trustee filed her Response.2 On June 23, 2014, Defendants filed a Reply.3 For the

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reasons discussed below, the Motion is denied without prejudice.

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Defendants’ Motion for Withdrawal in this case is virtually identical to the one they

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filed–and this Court denied as premature–in case 14-cv-00569 with respect to the very same

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adversary proceeding.

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Doc. 1.

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Doc. 3.

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Doc. 6.

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On May 21, 2014, the Court denied that motion as unripe because the Bankruptcy Court had

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not yet determined whether the adversary proceeding is a core proceeding within the meaning of 28

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U.S.C. § 157(b).4 Defendants make no mention of the Court’s May 21, 2014, order and in no way

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attempt to reconcile their new motion with it. And it does not appear that the Bankruptcy Court has

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since passed on the question of whether the subject adversary is a core proceeding. This motion is

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thus (again) denied.

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Should Defendants move for withdrawal of the reference again before the Bankruptcy Court

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determines whether the adversary proceeding is core, Defendants are cautioned that the motion will

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be denied for the same reasons and that sanctions may be considered.
Conclusion

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Accordingly, IT IS HEREBY ORDERED that Defendants Motion for Withdrawal of the

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Reference (Doc. 1) is DENIED without prejudice.

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Dated on this 17th day of July, 2014.

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_______________________________
Jennifer A. Dorsey
United States District Judge

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See case no. 2:14-cv-00569
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