Sherman et al v. Emke et al

Filing 6

ORDER Adopting Bankruptcy Court's 5 Recommendation of the United States Bankruptcy Judge. An Order granting in part Mike Emke's 2 Motion to Withdraw the Reference shall be entered. (Ordered by Judge Royal Furgeson on 8/23/2011) (axm)

u.s. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
IN THE UNITED STATES DISTRICT ClRT
FOR THE NORTHERN DISTRICT OF T XAS
DALLAS DIVISION
INREONDOVA
ONDOVA LIMITED COMPANY,
Debtor
DANIEL 1. SHERMAN, CHAPTER 11
TRUSTEE
Plaintiff,
vs.
MIKE EMKE AND SERVERS, INC

Defendants

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FILED

AUG 23 2011
C~;RK. U.S~'JCT CO~RT
eputy :/: 4171--­

Civil Action No.3: ll-cv-1971-F
Adversary No. 11-03181-SGJ

ORDER ADOPTING BANKRUPTCY COURT'S RECOMMENDATION OF THE
UNITED STATES BANKRUPTCY JUDGE
BEFORE THE COURT is United States Bankruptcy Judge Stacey G.C. Jernigan's
Report and Recommendation (Doc. No.5), which recommends that the bankruptcy court
bifurcate Counts 3 and 4 (claims involving allegations that Mike Emke breached development
obligations under the settlement agreement and that Plaintiff is entitled to monetary damages)
from the remaining counts in the Adversary Proceeding; that the bankruptcy court finally
adjudicate through a bench trial all matters in the Adversary Proceeding except Counts 3 and 4
(core bankruptcy matters involving the sale and liquidation of property of the estate); and that the
Court withdraw the reference as to Counts 3 and 4 and hold a jury trial therein, at such time as
the bankruptcy court has certified that the parties are ready for trial, with the bankruptcy court to
preside over all pre-trial matters.

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After due consideration, the Court is of the opinion that the Bankruptcy Judge's Report
and Recommendation shem1d be ADOPTED IN ITS ENTIRETY. An Order granting in part
Mike Emke's Motion to Withdraw the Reference (Doc. 2) shall be entered.
IT IS SO ORDERED.
SIGNED this

~t:!day of August, 2011.

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