Texas United Housing Program Inc v. Wolvervine Mortgage Partner Retirement et al

Filing 14

Order: The court determines that the 13 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Court Grants 7 MOTION to Refer Case to Bankruptcy Court, and, pursuant to this district's Misc ellaneous Order No. 33, refers this action to the United States Bankruptcy Court, Northern District of Texas, where related bankruptcy proceeding In re TXS United Housing Program, Inc., No. 14-34854-hdh11, is pending. (Ordered by Judge Sam A Lindsay on 8/30/2017) (svc)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TEXAS UNITED HOUSING PROGRAM,
INC.,
Plaintiff,
v.
DON H. KONIPOLAS TRUSTEE OF
WOLVERINE MORTGAGE PARTNER
RETIREMENT, et al.,
Defendants.

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§ Civil Action No. 3:17-CV-977-L
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ORDER
On August 1, 2017, United States Magistrate Judge David L. Horan entered the Findings,
Conclusions and Recommendation of the United States Magistrate Judge (“Report”), recommending
that the court grant Defendants’ Motion to Refer Case to Bankruptcy Court (Doc. 7), filed April 10,
2017, and refer this case to the bankruptcy court where a related bankruptcy proceeding is pending.
The magistrate judge further determined that the bankruptcy court was in the best decision to decide
Defendant’s Motion to Dismiss Claims Under Rule 12(b) (Doc. 9), filed May 1, 2017, which
implicates the bankruptcy court’s prior orders in the related bankruptcy proceeding. No objections
to the Report were filed.
Having reviewed the pleadings, motions, briefs, file, record in this case, and Report, the court
determines that the findings and conclusions of the magistrate judge are correct, and accepts them
as those of the court. Accordingly, the court grants Defendants’ Motion to Refer Case to
Bankruptcy Court (Doc. 7), and, pursuant to this district’s Miscellaneous Order No. 33, refers this

Order – Page 1

action to the United States Bankruptcy Court, Northern District of Texas, where related bankruptcy
proceeding In re TXS United Housing Program, Inc., No. 14-34854-hdh11, is pending. Because the
court has determined that referral of this action to the bankruptcy court is appropriate, it expresses
no opinion regarding the merits of Defendant’s Motion to Dismiss Claims Under Rule 12(b) (Doc.
9), and leaves the resolution of this motion for the bankruptcy court. As nothing remains for this
court to decide at this juncture, the court directs the clerk to close this action.
It is so ordered this 30th day of August, 2017.

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Sam A. Lindsay
United States District Judge

Order – Page 2