The Court disagrees. Rule 9003 is "designed to prevent abdication of the judge's decision-making role," thereby including "matters which are not yet settled or adjudicated by the judge." Bilzerian v. Shinwa Co. Ltd., 184 B.R. 389, 394 (M.D. Fla. 1995). Here, the matter was still pending before Judge Olson. Indeed, the note and bottle of wine were sent to his chambers prior to Mr. Gleason filing his May 13, 2011 Supplemental Response. (May 13, 2011 Supplemental Response.)
Upon deeper examination, however, this issue concerns a mixed question of law and fact demanding de novo review. Bilzerian v. Shinwa Co., Ltd., 184 B.R. 389 (M.D.Fla. 1995). Pursuant to Rule 3018(a) of the Federal Rules of Bankruptcy Procedure:
Under this set of facts, the court ruled that due process had been served as the order had not been improperly prepared ex parte. In Bilzerian v. Shinwa Co. Ltd., 184 B.R. 389 (M.D.Fla.1995), the appellant alleged the bankruptcy judge erred in granting an order because it constituted an invalid ex parte representation drafted by the appellee. The court found that it was enough that the appellant had an opportunity to present his arguments at hearing and on motion for reconsideration after the order was signed.
Id. That means “matters which are not yet settled or adjudicated by the judge, unresolved matters still pending before the court....” Bilzerian v. Shinwa Co. Ltd., 184 B.R. 389, 394 (M.D.Fla.1995). The criminal referral was made on August 28, 2014, the day after the August 2014 order was entered finding the involuntary case had been filed in bad faith.