The Colonial BancGroup, Inc. et al
||The Colonial BancGroup, Inc.
||Federal Deposit Insurance Corporation
||April 1, 2010
||US District Court for the Middle District of Alabama
||Myron H. Thompson
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 0157 Motion for Withdrawal of Reference
|Jury Demanded By:
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|May 10, 2010
OPINION AND ORDER: With the consent of the Federal Deposit Insurance Corporation and Colonial BancGroup, Inc., it is ORDERED that the withdrawal motions are granted as to miscellaneous action nos. 2:10mc3502-MHT, 2:10mc3503-MHT and 2:10mc3504, and ar e denied as to miscellaneous action no. 2:10mc3505-MHT, as follows: (1) Pursuant to 28 U.S.C. § 157(d), the references to the bankruptcy court with respect to the claim objection (miscellaneous action no. 2:10mc3502-MHT), the fraudulent obligati on action (miscellaneous action no. 2:10mc3503-MHT), and the personal property action (miscellaneous action no. 2:10mc3504-MHT) are withdrawn to this court for all purposes; (2) In accordance with the agreement between the Federal Deposit Insurance C orporation and Colonial BancGroup, the Garland property action (miscellaneous action no. 2:10mc3505-MHT) shall remain pending before the bankruptcy court and, to the extent any issues relating to the Garland property action are currently raised in ei ther the claim objection pleading or in the civil action pending in this Court, styled The Colonial BancGroup, Inc. v. Federal Deposit Insurance Corporation, as Receiver for Colonial Bank, Case 2:10-cv-0198, such issues shall be decided by the bankru ptcy court, as part of the Garland property action; and (3) Briefing with respect to the remaining submissions in the Federal Deposit Insurance Corporations pending motion to dismiss the complaint in the fraudulent obligation action (miscellaneous ac tion no. 2:10mc3503-MHT) shall be as follows: (a) Colonial BancGroup, Inc. shall file any response to the motion to dismiss on or before June 11, 2010; and (b) the Federal Deposit Insurance Corporation shall file any reply in further support of the m otion to dismiss on or before June 25, 2010. The clerks of the bankruptcy court and this court are DIRECTED to take all steps necessary to transfer to the United States District Court for the Middle District of Alabama the bankruptcy proceedings at i ssue in miscellaneous action nos. 2:10mc3502-MHT, 2:10mc3503-MHT, and 2:10mc3504-MHT. The clerk of this court shall set up the transferred cases as separate civil cases, with separate and new civil action numbers. Signed by Honorable Myron H. Thompson on 5/10/2010. Copy to Bankruptcy Clerk and Intake. (dmn)
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