TFS Electronic Manufacturing Services Inc. vs Topsearch Printed Circuits HK Ltd

Justia Dockets & Filings Ninth Circuit Arizona District Court TFS Electronic Manufacturing Services Inc. vs Topsearch Printed Circuits HK Ltd

TFS Electronic Manufacturing Services Inc. vs Topsearch Printed Circuits HK Ltd

Case Number:	2:2006cv01586
Filed:	June 21, 2006
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
Presiding Judge:	Stephen M McNamee
Nature of Suit:	Bankruptcy Withdrawl
Cause of Action:	28 U.S.C. § 0157 Motion for Withdrawal of Reference
Jury Demanded By:	None

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Date Filed	Document Text
June 30, 2006	Filing 8 ORDER that the Stipulation is Granted [doc.#4.] FURTHER ORDERED that Topsearch's Motion 2 to Withdraw the Reference (Bankruptcy Court) is Granted. The reference is withdrawn from the bankruptcy court of only TFS' claim against Topsearch. The dispute between TFS and Avocent remains in the bankruptcy court. FURTHER ORDERED that within twenty days from the date of this Order is entered, TFS shall file an Amended Complaint as a plaintiff. FURTHER ORDERED that the Clerk of Court shall ame nd the caption of thiscase to properly depict TFS as plaintiff and Topsearch as defendant and to remove Avocent Corporation as a party in this proceeding, and that the parties shall style all future pleadings in this action in the same fashion. FURTH ER ORDERED that within twenty (20) days from the filing of TFS' Amended Complaint, Topsearch shall files its Answer, including any counterclaim, setoff,or other affirmative defense, or otherwise respond, without prejudice to TFS' right to o bject on grounds other than Topsearch's right to file a responsive pleading within such twenty (20) day period. FURTHER ORDERED that TFS shall not assert that any counterclaim, setoff, or other affirmative defense, or other response filed by Topsearch is a violation of the automatic stay in TFS' pending bankruptcy or is a basis upon which this matter shall be referred to the bankruptcy court. Signed by Judge Stephen M McNamee on 6/29/06. (KMG, )

Date Filed

Document Text

June 30, 2006

Filing 8 ORDER that the Stipulation is Granted [doc.#4.] FURTHER ORDERED that Topsearch's Motion 2 to Withdraw the Reference (Bankruptcy Court) is Granted. The reference is withdrawn from the bankruptcy court of only TFS' claim against Topsearch. The dispute between TFS and Avocent remains in the bankruptcy court. FURTHER ORDERED that within twenty days from the date of this Order is entered, TFS shall file an Amended Complaint as a plaintiff. FURTHER ORDERED that the Clerk of Court shall ame nd the caption of thiscase to properly depict TFS as plaintiff and Topsearch as defendant and to remove Avocent Corporation as a party in this proceeding, and that the parties shall style all future pleadings in this action in the same fashion. FURTH ER ORDERED that within twenty (20) days from the filing of TFS' Amended Complaint, Topsearch shall files its Answer, including any counterclaim, setoff,or other affirmative defense, or otherwise respond, without prejudice to TFS' right to o bject on grounds other than Topsearch's right to file a responsive pleading within such twenty (20) day period. FURTHER ORDERED that TFS shall not assert that any counterclaim, setoff, or other affirmative defense, or other response filed by Topsearch is a violation of the automatic stay in TFS' pending bankruptcy or is a basis upon which this matter shall be referred to the bankruptcy court. Signed by Judge Stephen M McNamee on 6/29/06. (KMG, )

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