Burdette v. Emerald Partners LLC et al

Filing 6

ORDER VACATING PREVIOUS ORDER WITHDRAWING THE REFERENCE by U.S. District Judge John C Coughenour. The Court hereby VACATES its order withdrawing the reference (Dkt. No. 4 ) and REFERS this matter to the bankruptcy court for trial. (AD) cc: Bankruptcy Ct

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VIRGINIA A BURDETTE,

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Plaintiff,
v.

CASE NO. C15-0816 JCC
ORDER VACATING PREVIOUS
ORDER WITHDRAWING THE
REFERENCE

EMERALD PARTNERS LLC, et al.,
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Defendants.
This matter comes before the Court on the parties’ joint motion to vacate the order

16 withdrawing reference (Dkt. No. 5). On July 16, 2015, the Court granted Defendant’s motion to
17 withdraw the reference from the bankruptcy court, although it simultaneously referred pretrial
18 matters to that court. (Dkt. No. 4 at 1.) The parties subsequently agreed to dismiss Plaintiff’s
19 claims for declaratory judgment, breach of joint venture agreement, breach of partnership
20 agreement, and breach of crop share agreement. (Dkt. No. 5 at 2.) The parties also consented to
21 the bankruptcy court entering final adjudication, after which it dismissed Plaintiff’s unjust
22 enrichment claim on summary judgment. (Id.) Plaintiff’s fraudulent transfer claims are now all
23 that remain. (Id.) The parties stipulate that these are core proceedings. (Id.)
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The bankruptcy court is permitted to enter “appropriate orders and judgments” in core

25 proceedings. 28 U.S.C. § 157(b)(1). Moreover, if all parties consent to the bankruptcy court’s
26 jurisdiction, then it may conduct trial. § 157(e). Both of these factors are present here. Trial in
ORDER VACATING PREVIOUS ORDER
WITHDRAWING THE REFERENCE
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1 the bankruptcy court is therefore proper. The Court hereby VACATES its order withdrawing the
2 reference (Dkt. No. 4) and REFERS this matter to the bankruptcy court for trial.
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DATED this 11th day of April 2016.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER VACATING PREVIOUS ORDER
WITHDRAWING THE REFERENCE
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