1531 LVBS, LLC v. Weinstein

Filing 18

ORDER that 7 Motion to Withdraw Reference is DENIED without prejudice. Signed by Judge Jennifer A. Dorsey on 4/22/15. (Copies have been distributed pursuant to the NEF - TR)

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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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Case No.: 2:14-cv-1000-JAD

Debtor,
YVETTE WEINSTEIN, Chapter 11 Trustee, et al.,

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Bankr. No. 12-S-11672-MKN
Bankr. Adv. No. 14-01018-MKN

Plaintiffs,
Order Denying Defendants’ Amended
Motion for Withdrawal of the Reference
to the Bankruptcy Court (#7)

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vs.

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

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Defendants.

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Currently before me is defendant 1531 LVBS, LLC’s amended motion for withdrawal of the

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reference for adversary proceeding Case No. 14-01018-MKN to the Bankruptcy Court.1 The motion

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is virtually identical to those previously denied in Case Nos. 14-cv-569 and 14-cv-900.2 I denied

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those requests because it was not clear that the bankruptcy court had determined whether the

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proceedings are core or non-core. I incorporate the findings and reasoning of these matters by

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reference.

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1531 LVBS acknowledges in its amended motion that “with each new complaint improperly

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filed [in the bankruptcy court, it] is required, by statute, to file a Motion to Withdraw the Reference

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alerting the Bankruptcy Court and, by extension, this Court to the procedural and jurisdictional

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errors lethal to the various plaintiffs and intervening plaintiff’s claims in this forum.” Doc. 7 at 3. I

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correspondingly note that there remains no evidence indicating that the bankruptcy court has made

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the determination whether the proceedings in this matter are core or non-core, that the bankruptcy

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court should have the authority to resolve this question in the first instance, and that, without this

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Doc. 7. Aristotole Holding, LP and Pete the Greek, LLC responded to the amended motion
on December 8, 2014, Doc. 10; intervenor plaintiffs OG Eliades, LLC, OG Eliades AD, LLC, OG
Eliades LLC / OG Eliades AD, LLC General Partnership responded on December 9, 2014. Doc. 10.
Aristotle Holding, LP and Pete the Greek, LLC then joined in Doc. 11, Doc. 12, and supplemented
their response. Doc. 13. 1531 LVBS and “Interested Party” LV Cabaret Smith filed a reply, which
was docketed twice. Docs. 14, 15. These two parties also filed a notice on February 12, 2015. Doc.
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I incorporate the factual background developed in these matters by reference.

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answer, the factors considered for permissive withdrawal under 28 U.S.C. § 157(d) and (e) weigh in

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favor of keeping this case before the bankruptcy court.3 1531 LVBS’s slightly modified arguments

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in its amended motion to withdraw do not persuade me that the reference should be withdrawn at

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this time.4 Thus, I deny this amended motion to withdraw the reference without prejudice for the

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same reasons as articulated in Case Nos. 14-cv-569 and 14-cv-900.

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Accordingly, IT IS HEREBY ORDERED that Defendants’ Amended Motion for Withdrawal
of the Reference (Doc. 7) is DENIED without prejudice.
Dated on this 22nd day of April 2015.

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_______________________________
_____________________
_ _ _ _ __ _
Jennifer A. Dorsey
ifer A Dorsey
r
United States District Judge
ed States
t tes
Ju d g
Judge

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See 14-cv-569 Doc. 4; 14-cv-900 Doc. 7.

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See Doc. 7.
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