McKittrick v. Duro Bag Manufacturing Company et al, No. 3:2012mc00364 - Document 2 (D. Or. 2012)
Court Description: OPINION & ORDER: The court adopts the recommendation to grant the motion. Pursuant to 28 U.S.C. § 157(d), the motion to withdraw the reference is granted. The district court withdraws the reference in the adversary proceeding. Ordered by Judge Marco A. Hernandez. See 2-page opinion & order attached. (mr)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION PETER C. McKITTRICK, No. 03:12-mc-00364-HZ Plaintiff, OPINION & ORDER v. DURO BAG MANUFACTURING CO. and DURO STANDARD PRODUCTS CO., INC., Defendants. Justin D. Leonard Ball Janik, LLP 101 SW Main Street, Suite 1100 Portland, OR 97204 Attorney for Plaintiff Joseph M. Van Leuven Davis Wright Tremaine, LLP 1300 SW Fifth Avenue, Suite 2300 Portland, OR 97201-5630 Attorney for Defendants 1 - OPINION & ORDER HERNANDEZ, District Judge: Before the court is a Report and Recommendation from Judge Dunn of the United States Bankruptcy Court in the District of Oregon regarding a Motion for Withdrawal of Reference. Defendants filed a motion to withdraw the reference with respect to an adversary proceeding. Defendants assert that the bankruptcy court lacks authority to issue final judgment in the adversary proceeding, and furthermore, does not consent to a jury trial conducted by the bankruptcy court. Plaintiff did not oppose the motion to withdraw the reference. Pursuant to LR 2100-4, Judge Dunn recommended that the district court withdraw the reference and assume jurisdiction over the adversary proceeding. Given Plaintiff s consent to the motion to withdraw and Judge Dunn s well-reasoned report, I adopt the recommendation to grant the motion. CONCLUSION Pursuant to 28 U.S.C. ยง 157(d), the motion to withdraw the reference is granted. The district court withdraws the reference in the adversary proceeding. IT IS SO ORDERED. Dated this day of December, 2012. MARCO A. HERNANDEZ United States District Judge 2 - OPINION & ORDER
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