Opinion
Civil Action No. 07-cv-02456.
December 21, 2007
ORDER
THIS MATTER is before the Court on Defendants' Motion to Withdraw the Reference, filed November 26, 2007 (docket #1). Defendants' Motion was transmitted from the Bankruptcy Court and assigned to this Court on November 26, 2007. Plaintiff's Statement Regarding Defendants' Motion to Withdraw Reference was filed on November 26, 2007. Defendants seek withdrawal of the following four claims for relief listed in Plaintiff's Complaint: constructive trust to avoid injustice, reverse piercing of the corporate veil, civil conspiracy, and fraudulent conveyance. Plaintiff asserts that the constructive trust to avoid injustice and the reverse piercing of the corporate veil claims are core claims, equitable in nature, and do not give rise to the Defendants' Seventh Amendment right to a jury trial. Plaintiff admits that the civil conspiracy and fraudulent conveyance claims are legal in nature, and therefore give rise to the Defendants' right to demand a jury trial. Plaintiff consents to the Court conducting a jury trial with regard to his third and fourth claims for relief, and agrees with the Defendants that absent consent by all parties the bankruptcy court may not conduct a trial by jury. Therefore, the Plaintiff does not object to the Defendants' Motion to Withdraw the Reference. The Court, having reviewed the Motion and having fully considered the grounds therein, It is hereby
ORDERED that Defendant's Motion to Withdraw Reference (docket #1) dated November 26, 2007, is GRANTED. It is
FURTHER ORDERED that this matter is REMANDED to the Bankruptcy Court for that court to consider and decide all pre-trial issues. It is
FURTHER ORDERED that once discovery and other pre-trial phases of the case (including approval of the final pre-trial order) are completed, this Court will conduct a trial on the merits.