In Re: Elwell
Lisa V Elwell and JP Morgan Chase Bank NA |
US Trustee |
3:2018cv01662 |
October 2, 2018 |
US District Court for the District of Connecticut |
Alvin W Thompson |
Bankruptcy Withdrawal |
28 U.S.C. ยง 0157 |
Plaintiff |
Docket Report
This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
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Filing 16 REPORT of Rule 26(f) Planning Meeting. (Rooney, J.) |
Filing 15 OBJECTION TO DEMAND FOR JURY TRIAL filed by JP Morgan Chase Bank NA. (Rich, Brian) |
Filing 14 DEMAND for Trial by Jury by Lisa V Elwell. (Rooney, J.) |
Filing 13 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Settlement Conference is set for 12/20/2018 at 1:00 PM in Chambers Room 258, 450 Main St., Hartford, CT before Judge Robert A. Richardson. (Fries, J.) |
Filing 12 ORDER: A settlement conference is scheduled for 12/20/18 at 1:00 PM with Judge Richardson. Please see attached order for important instructions. Signed by Judge Robert A. Richardson on 10/16/2018. (Fries, J.) |
Filing 11 ORDER REFERRING CASE to Magistrate Judge Robert A. Richardson for settlement conference. Signed by Judge Alvin W. Thompson on 10/12/18. (Patel, Ranit) |
Filing 9 USBC Transmittal Form: Transmitting the complete Bankruptcy Court docket for case 18-05025. The docket sheet is available by accessing the United States Bankruptcy Court - Connecticut PACER system at: # USBC - CT PACER. This action relates to Bankruptcy Court case: (Attachments: #1 Bankruptcy Public Docket Sheet) (Fanelle, N.) |
Filing 8 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alvin W. Thompson on 10/5/2018.(Enderlin, M.) |
Filing 7 NOTICE of Appearance by J. Christopher Rooney on behalf of Lisa V Elwell (Rooney, J.) |
Filing 6 NOTICE of Appearance by Brian D. Rich on behalf of JP Morgan Chase Bank NA (Rich, Brian) |
Filing 5 ORDER granting #1 Motion to Withdraw Reference. Under 28 U.S.C. 157(d), a district court may withdraw... any case or proceeding referred [to the bankruptcy court] on its own motion or on a timely motion of any party, for cause shown. The Second Circuit has noted that, while 157(d) leaves cause undefined, courts consider a number of factors in evaluating cause: whether the claim or proceeding is core or non-core, whether it is legal or equitable, and considerations of efficiency, prevention of forum shopping, and uniformity in the administration of bankruptcy law. See In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993). Plaintiff Lisa V. Elwell filed this motion to withdraw the Adversary Proceeding against Defendant JP Morgan Chase on 9/14/18, arguing that her claim under the Connecticut Unfair Trade Practices Act (CUTPA) is a non-core proceeding under 28 U.S.C. 157, and that the Court may properly exercise diversity jurisdiction because the parties are citizens of different states and the amount in controversy is greater than $75,000. Defendant JP Morgan Chase filed a statement on 9/24/2018 that it does not object to the withdrawal of the reference to this Court. Accordingly, the Court finds that withdrawing this case will not disrupt the uniformity and efficiency of the administration of bankruptcy law and that there is good cause for withdrawal of the reference in this case. Plaintiff's Motion to Withdraw Reference therefore is GRANTED. Signed by Judge Victor A. Bolden on 10/2/2018. (Baran, Hugh) |
Filing 4 OBJECTION STATEMENT OF NO OBJECTION filed by JP MORGAN CHASE BANK N A. (Rich, Brian) |
Docket Entry Correction re #1 MOTION to Withdraw Reference. Replacement pdf added, original pdf missing pages. (Fanelle, N.) |
Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 9/14/2018. (Fanelle, N.) |
Filing 2 USBC Transmittal Form (Fanelle, N.) |
Filing 1 MOTION to Withdraw Reference by Lisa V Elwell. (Fanelle, N.) (Additional attachment(s) added on 9/20/2018: #1 Replacement pdf.) (Fanelle, N.). |
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