Serefex Corporation v. Hickman Holdings, LP et al

Filing 137

ORDER on or before 15 days from entry of this Order, parties shall address impact, if any, of Stern v. Marshall on whether this case can be transferred to the Bankruptcy Court, and whether such transfer would be discretionary or mandatory. Signed by District Judge Martin Reidinger on 12/15/11. (ejb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv255

SEREFEX CORPORATION,
Plaintiff,
vs.
BILTMORE INVESTMENTS, LTD.,
Defendant.

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ORDER

THIS MATTER is before the Court on the Defendant, Biltmore
Investments, Ltd’s Motion to Transfer Case to the United States Bankruptcy
Court for the Western District of North Carolina (Asheville Division) [Doc. 126]
and the Defendant, Biltmore Investments, Ltd’s Amended Motion to Transfer
Case to the United States Bankruptcy Court for the Western District of North
Carolina (Asheville Division) [Doc. 132].
Defendant’s attorney notes that counsel for the Plaintiff consent to the
transfer of this core proceeding to Bankruptcy Court for all future proceedings
and entry of final judgment. [Doc. 132 at 3]. The Plaintiff’s Motion, however,
does not address the impact, if any, of the recent Supreme Court decision of

Stern v. Marshall,

U.S.

, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011).

IT IS, THEREFORE, ORDERED that on or before fifteen (15) days from
entry of this Order, the parties shall address the impact, if any, of Stern v.
Marshall on whether this case can be transferred to the Bankruptcy Court, and
whether such transfer would be discretionary or mandatory. Such briefs shall
not exceed ten (10) pages, double spaced, in 14 point type.
Signed: December 15, 2011