Opinion
Case No. 09-14976, Bank. Case No. 09-73516, Adv. Pro. No. 09-6786.
February 22, 2010
ORDER GRANTING DEFENDANTS' MOTION TO WITHDRAW REFERENCE
On December 23, 2009, Defendants filed a "Motion to Withdraw the Reference" pursuant to 28 U.S.C. 157(d) and (e) and Rule 5011 of the Federal Rules of Bankruptcy Procedure. Having reviewed the motion, and after discussing the matter with the parties, the court is persuaded that a withdrawal is warranted. The parties have not consented to allow the bankruptcy judge conduct the jury trial under 28 U.S.C. § 157(e). This court must therefore conduct the jury trial. In re Baker Getty Financial Services, Inc., 954 F.2d 1169, 1173 (6th Cir. 1992). Moreover, Plaintiff does not oppose Defendant's "Motion to Withdraw the Reference." (Pl.'s Resp. at 2.) Accordingly,
IT IS ORDERED that Defendants' "Motion to Withdraw Reference" [Dkt. # 1] is GRANTED and the reference to bankruptcy court is WITHDRAWN.