In Re Maria Scaccianoce
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|Date Filed||#||Document Text|
|May 8, 2013
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO WITHDRAW REFERENCE 1 by Judge Dean D. Pregerson: The court finds that Defendant has the right to a jury trial on the adversary proceeding and that therefore the bankruptcy court cannot issue a fi nal determination on the matter. However, the bankruptcy court has statutory authority to enter proposed findings of fact and conclusions of law in the matter, which then would be subject to denovo review and final judgment in the district court. In re Heller Ehrman, LLP, 464 B.R. 56-57 (N.D. Cal. 2011). The reference shall be withdrawn as follows: The bankruptcy court shall address all pretrial matters. If and when the case proceeds to trial, it shall proceed before this district court. (lc). Modified on 5/8/2013 .(lc).
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