Carolina Internet, LTD. v. TW Telecom Holdings Inc.

Filing 38

ORDER denying 37 Motion to Refer Case to Bankruptcy. Signed by Senior Judge Graham Mullen on 11/2/11. (gpb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
No. 3:11-CV-00310
CAROLINA INTERNET, LTD,
Plaintiff,
vs.
TW TELECOM HOLDINGS, INC,
Defendant,

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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion to Refer Case to Bankruptcy
Court for the Western District of North Carolina (D.I. 37).
On July 25, 2011, this Court issued a written Order setting forth its decision to transfer
this matter to the District of Colorado. (D.I. 21). On September 26, 2011, this Court Denied
Plaintiff’s Motion for Reconsideration of the Court’s July 25 Order (D.I. 35). Plaintiff did not
file its Notice of Filing of Bankruptcy until September 27, 2011 (D.I. 36). Thus, this Court,
having already ruled that venue for the present matter is proper in the District of Colorado,
declines Plaintiff’s request to refer the case to the Bankruptcy Court for the Western District of
North Carolina.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Refer Case to Bankruptcy
Court for the Western District of North Carolina (D.I. 37) is hereby DENIED.
SO ORDERED.

Signed: November 2, 2011