Free Order - District Court of California - California


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Date: May 23, 2007
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State: California
Category: District Court of California
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Case 3:07-cv-02603-PJH

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Filed 05/23/2007

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 In re: MOSCOWITZ & NIXDORF, LLP, Debtor. __________________________________/ JOHN T. KENDALL, Chapter 7 Trustee, 11
For the Northern District of California

NOT FOR CITATION

United States District Court

Plaintiff, 12 13 14 15 ERIC M. NIXDORF, 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. _________________________________/ v.

No. C 07-2603 PJH BK Adv. Case No. 06-4255 AN ORDER SETTING BRIEFING SCHEDULE REGARDING WITHDRAWAL OF REFERENCE AND VACATING CMC

This matter is before this court following the bankruptcy court's May 11, 2007 order recommending withdrawal of the bankruptcy court's reference under 28 U.S.C. ยง 157(d), pursuant to Bankruptcy L.R. 5011-2(b). Defendant, the movant for withdrawal of reference, is ORDERED to file and serve an opening brief regarding the propriety of withdrawal of the reference no later than June 26, 2007. Plaintiff shall file and serve a response within 14 days of defendant's opening brief. Defendant may file a reply, if any, within 7 days of plaintiff's response. In addition to the briefs, the parties should file with this court any pertinent exhibits, including relevant documents and portions of the record previously filed with the bankruptcy court.

Case 3:07-cv-02603-PJH

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Filed 05/23/2007

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Unless the parties are notified otherwise, the matter will be decided on the papers once it is fully briefed. No hearing will be necessary. The case management conference currently set for August 23, 2007 is VACATED. This court will set a CMC, if necessary, at the time that it issues an order regarding the withdrawal of the bankruptcy court's reference. IT IS SO ORDERED.

Dated: May 23, 2007

United States District Court

11
For the Northern District of California

______________________________ PHYLLIS J. HAMILTON United States District Judge

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