CASE NO. 05-34501-RCM-7, ADVERSARY NO. 05-3599, (CIVIL ACTION # ____).United States Bankruptcy Court, N.D. Texas, Dallas Division.
November 7, 2005
REPORT AND RECOMMENDATION TO THE DISTRICT COURT REGARDING WITHDRAWAL OF THE REFERENCE
ROBERT McGUIRE, Bankruptcy Judge
The United States Bankruptcy Court submits the following report and recommendation to the United States District Court regarding withdrawal of the reference of the foregoing adversary proceeding:
1. The above-entitled adversary proceeding involves the parties right to a jury trial. A jury trial was timely requested by the Plaintiff, Jung-Chan Hsieh. The Defendant, Kenneth E. Bebensee, Jr., does not consent to the bankruptcy judge conducting the jury trial, pursuant to 11 U.S.C. § 157 (e).
2. The adversary proceeding involves core matters.
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3. The Bankruptcy Court entered a scheduling order but the parties are not ready for trial. Plaintiff filed a motion for continuance, which was heard on October 31, 2005. At such time it was brought to the court’s attention that Plaintiff Jung-Chan Hsieh requested a jury and that Defendant Kenneth E. Bebensee, Jr., did not consent to the Bankruptcy Court conducting the jury trial.
4. The Bankruptcy Court recommends that the District Court either immediately withdraw the reference of the foregoing adversary proceeding or leave the case in the Bankruptcy Court to conduct pretrial matters until the Bankruptcy Court advises the District Court that the matter is ready for trial before the District Court.
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ORDER ON THE BANKRUPTCY COURT’S RECOMMENDATION REGARDING WITHDRAWAL OF THE REFERENCE
The District Court having reviewed the Bankruptcy Court’s recommendation regarding withdrawal of the reference of the foregoing adversary proceeding is of the opinion that the following order should be entered.
IT IS ORDERED:
____ The reference is immediately withdrawn with respect to the foregoing adversary proceeding, or
____ The reference is not withdrawn at this time: The Bankruptcy Court is to conduct pretrial matters until the Bankruptcy Court advises the District Court that the matter is ready for trial before the District Court.
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