Lionel, Sawyer & Collins, Ltd. et al v. Ownby

Filing 8

ORDER Granting 1 Motion to Withdraw Reference. FURTHER ORDERED that a Status Conference is set for 2/21/2018 at 01:30 PM in LV Courtroom 7C before Chief Judge Gloria M. Navarro. Signed by Chief Judge Gloria M. Navarro on 2/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 Marquis Aurbach Coffing Terry A. Coffing, Esq. 2 Nevada Bar No. 4949 Jason M. Gerber, Esq. 3 Nevada Bar No. 9812 Jonathan B. Lee, Esq. 4 Nevada Bar No. 13524 10001 Park Run Drive 5 Las Vegas, Nevada 89145 Telephone: (702) 382-0711 6 Facsimile: (702) 382-5816 7 8 Attorneys for Defendants 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEV ADA 11 Case No.: 2:17-cv-00036-GMN-NJK In Re: 12 LIONEL, SAWYER & COLLINS, LTD., Case No.: Chapter: Debtor. BK-S-15-10462-MKN 7 Adversary Proceeding: 16-01123-mkn Yvette Weinstein, Chapter 7 Trustee, 15 Plaintiff, PROPOSED ORDER GRANTING MOTION TO WITHDRAW REFERENCE vs. 18 AMERICAN LEGION CHINA POST 1 -THE GENERALS WARDS & CHENNAULT & LT. 19 HELSETH POST, a Texas nonprofit corporation; and H. OWNBY, temporary trustee of The 20 Fischer Trust, 21 Defendants. 22 23 Defendants, AMERICAN LEGION CHINA POST 1 - THE GENERALS WARDS 24 & CHENNAULT & LT. HELSETH POST, a Texas nonprofit corporation; and H. OWNBY, 25 temporary trustee of The Fischer Trust (collectively "Defendants") by and through their 26 counsel, Marquis Aurbach Coffing, filed their Motion for Withdrawal of Reference on 27 January 4, 2017; Yvette Weinstein, Chapter 7 Trustee filed its Notice of Non-Opposition on Page 1 of 2 MAC:l4654-001 3053309_l 4/12/2017 10:43 AM 1 February 6, 2017; and, based on the pleadings submitted by the parties, the Court finds as 2 3 4 5 follows: 1. The Post has sought withdrawal of a bankruptcy referral m Adversary Proceedings 16-01123-MKN; 2. The Court finds that judicial efficiency will be served by withdrawing the 6 reference; 7 3. The Court finds that the claims at issue in this case are non-core proceedings 8 as confirmed by the Trustee; 9 4. The Post would be entitled to a jury trial; 10 5. No unnecessary delay or costs will be incurred if this matter is heard by the 11 District Court; 6. There is no evidence or issue with forum shopping; and 7. 12 The Post's request is timely pursuant to LR-501 l(b); Therefore the Motion is granted. 15 Dated this 12th day of April, 2017. Dated this 12th day of April, 2017. 16 MARQUIS AURBACH COFFING SCHWARTZER & MCPHERSON By: Isl Jason M Gerber Jason M. Gerber, Esq. Nevada Bar No. 9812 19 10001 Park Run Drive Las Vegas, Nevada 89145 20 Attorneys for Defendants By: Isl Jason A. Imes Jason A. Imes, Esq. Nevada Bar No. 7030 2850 So. Jones Blvd., Suite 1 Las Vegas, Nevada 89146 Attorneys for Yvette Weinstein, Chapter 7 Trustee 18 21 22 23 24 ORDER IT IS SO ORDERED: IT IS FURTHER ORDERED that a status conference is set for Wednesday, February 21, 2018, at 1:30 PM in LV Courtroom 7C before Chief Judge Navarro. 25 26 7 DATED this ___ day of February, 2018. UNITED STATES DISTRICT JUDGE ___________________________________ Gloria M. Navarro, Chief Judge UNITED STATES DISTRICT COURT DATED:~~~~~~~~~~~ 27 Page 2 of2 MAC:14654-001 3053309_l 4/12/2017 10:43 AM

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