Opinion
District Court No.: 2:02-cv-01375
May 14, 2003
Mona Lyman Burton, Sherilyn A. Olsen, HOLLAND HART, LLP, Salt Lake City, UT, Attorneys for Debtor.
Bankruptcy No. 02-30135 GEC, (Chapter 11), Bankruptcy Judge: GLEN E. CLARK. Bankruptcy Adv. Proc. No. 02P-2373.
ORDER DENYING MOTION TO WITHDRAW THE REFERENCE
This matter came for hearing before the Court on April 7, 2003, at 3:00 p.m. David B. Leta and David H. Leigh of Snell Wilmer L.L.P. were present representing the Defendant Alpha-Omega Resources, Inc. ("Alpha-Omega"). Mona Lyman Burton and Sherilyn A. Olsen of Holland Hart LLP were present representing Plaintiff, Equity Trader-1, LLC ("Equity Trader").
The Court, having reviewed Alpha-Omega's Motion to Withdraw the Reference, Equity Trader's Objection to Motion to Withdraw the Reference, and Alpha-Omega's Reply to Equity Trader's Objection and having heard oral argument, finds and concludes that although Alpha-Omega has a right to a jury trial on the claims presented by the Amended Complaint, Alpha-Omega has waived its right to a jury trial by filing its Counterclaim. In accordance with such findings, it is hereby
ORDERED that the Motion to Withdraw the Reference is denied.