Residential Capital, LLC et al v. Mortgage Investors Group, Inc.
| ResCap Liquidating Trust |
| Mortgage Investors Group, Inc., American Real Estate Corporation and Mortgage Investors Group, a general partnership |
| Residential Capital, LLC |
| 1:2015cv01902 |
| March 12, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| J. Paul Oetken |
| Withdrawal |
| 28 U.S.C. ยง 157 |
| None |
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Filing
12
OPINION AND ORDER re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 14-2004A, 12-B-12020 (MG), filed by American Real Estate Corporation, Mortgage Investors Group, Inc. Having considered each of the Orion fa ctors, the Court determines that this non-core claim should remain before Judge Glenn. Accordingly, the motion to withdraw the reference to the bankruptcy court is DENIED. Because the motion to withdraw is denied, the motion to transfer is also DENIE D without prejudice. See Adelphia Commc'ns Corp. v. Thomson, Inc., No. 10-cv-4464, 2010 WL 3000169, at *5 (S.D.N.Y. July 22, 2010) ("Because the Court declines to withdraw the reference to the Bankruptcy Court, it also denies [the] motion t o transfer the case."); McHale v. Citibank, N.A., No. 09-cv-6064, 2009 WL 2599749, at *8 (S.D.N.Y. Aug. 24, 2009) ("Because I decline to withdraw the reference to the bankruptcy court, I also deny [the] motion to transfer the case...."). The Clerk of Court is instructed to close the motion at Docket Number 1 and to close this matter. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 9/11/2015) (kko)
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