Serefex Corporation v. Hickman Holdings, LP et al

Filing 139

ORDER denying 126 Motion to Transfer Case to Bankruptcy Court and 132 Amended Motion to Transfer Case to Bankruptcy Court; FURTHER ORDERED Biltmore Investments, Ltd. shall notify this Court in writing on or before 2/29/12 of status of bankruptcy proceeding as well as adversary proceeding. Signed by District Judge Martin Reidinger on 1/11/12. (ejb)

THE UNITED STATES DISTRICT COURT
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].
Although the parties consented to the transfer of this core proceeding
to the United States Bankruptcy Court for the Western District of North
Carolina for all future proceedings and entry of final judgment [Doc. 132 at 3],
the Court required counsel to address the impact, if any, of the recent

Supreme Court decision of Stern v. Marshall,
L.Ed.2d 475 (2011). [Doc. 137].

U.S.

, 131 S.Ct. 2594, 180

In response, counsel for Biltmore

Investments, Ltd. conceded that it’s motions to transfer were premature and
acknowledged that “in the interests of judicial economy, it is prudent for this
Court to await the Bankruptcy Court’s recommendations[.]” [Doc. 138 at 6-7].
No response was filed by counsel for Serefex Corporation.
The Court has previously noted that this case remains stayed pursuant
to the Order of the United States District Court for the Middle District of
Florida, [Doc. 127], which was entered prior ro the change of venue to this
Court. The parties to this action are now before the United States Bankruptcy
Court for the Western District of North Carolina in connection with an
adversary proceeding. In view of the parties’ concession that this Court
should not transfer the action to Bankruptcy Court, the Court will continue the
stay.
IT IS, THEREFORE, ORDERED that 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] are hereby DENIED.

IT IS FURTHER ORDERED that Biltmore Investments, Ltd. shall notify
this Court in writing on or before February 29, 2012 of the status of the
bankruptcy proceeding as well as the adversary proceeding.
Signed: January 11, 2012