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)

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: [phone]
6 Facsimile: [phone]
[e-mail]
7 [e-mail]
[e-mail]
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Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEV ADA

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Case No.: 2:17-cv-00036-GMN-NJK

In Re:

12 LIONEL, SAWYER & COLLINS, LTD.,
Case No.:
Chapter:

Debtor.

BK-S-15-10462-MKN
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Adversary Proceeding: 16-01123-mkn

Yvette Weinstein, Chapter 7 Trustee,
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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,
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Defendants.

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Defendants, AMERICAN LEGION CHINA POST 1 - THE GENERALS WARDS

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& CHENNAULT & LT. HELSETH POST, a Texas nonprofit corporation; and H. OWNBY,

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temporary trustee of The Fischer Trust (collectively "Defendants") by and through their

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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
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1 February 6, 2017; and, based on the pleadings submitted by the parties, the Court finds as
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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;
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3.

The Court finds that the claims at issue in this case are non-core proceedings

8 as confirmed by the Trustee;
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4.

The Post would be entitled to a jury trial;

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5.

No unnecessary delay or costs will be incurred if this matter is heard by the

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District Court;
6.

There is no evidence or issue with forum shopping; and

7.

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The Post's request is timely pursuant to LR-501 l(b);

Therefore the Motion is granted.
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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
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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

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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.

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DATED this ___ day of February, 2018.

UNITED STATES DISTRICT JUDGE
___________________________________

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

DATED:~~~~~~~~~~~

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