Eggmann v. Myers et al, No. 3:2008cv00757 - Document 3 (S.D. Ill. 2008)
Court Description: MEMORANDUM AND OPINION, granting 1 MOTION to Withdraw Reference filed by LeFevre, Oldfield, Myers, Apke & Payne Law Group Ltd., James Richard Myers; withdrawing reference of this matter from the bankruptcy court.f Signed by Judge J. Phil Gilbert on 10/30/08. (dka, )
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS IN RE: JOSEPH W. DIEKEMPER and MARGARET A. DIEKEMPER, Debtors ____________________________________ ROBERT E. EGGMANN, in his official capacity as Trustee of the Estate of Joseph W. Diekemper and Margaret A. Diekemper, Plaintiff, Case No. 08-cv-757-JPG v. JAMES RICHARD MEYERS, LEFEVRE, OLDFIELD, MYERS, APKE & PAYNE LAW GROUP LTD., JOSEPH W. DIEKEMPER, MARGARET A DIEKEMPER, and RAY L. HOLCOMB, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on Defendants s Motion to Withdraw the Reference (Doc. 1) contending that this matter is more properly before the district court than the bankruptcy court. Plaintiff has filed a response asserting that he does not object to the withdrawal of the reference (Doc. 2). The Court, being fully advised in the premises, and for good cause shown, GRANTS Defendants s Motion (Doc. 1) and withdraws the reference of this matter from the bankruptcy court. IT IS SO ORDERED. DATED: October 30, 2008 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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