Dillworth v. Beach Haus Bal Harbour, LLC
| Drew M. Dillworth |
| Beach Haus Bal Harbour, LLC |
| Bal Harbour Quarzo, LLC, Synergy Capital Group and Synergy Investments Group |
| 0:2019cv60453 |
| February 21, 2019 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| K Michael Moore |
| Bankruptcy Withdrawl |
| 28 U.S.C. ยง 0157 |
| None |
Docket Report
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This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.
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Filing 12
ORDER OF REASSIGNMENT to Judge Roy Altman for all further proceedings, Chief Judge K. Michael Moore no longer assigned to case. Signed by Chief Judge K. Michael Moore on 4/11/2019. See attached document for full details. (yar)
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Filing 11
PAPERLESS ORDER REFERRING Unopposed Motion for Leave to File a Sur-Reply in Opposition to Reply in Support of Defendant's Motion to Withdraw the Reference. #5 . Pursuant to 28 U.S.C. 157, the above-captioned cause is hereby referred to United States Bankruptcy Judge Raymond B. Ray to take all necessary and proper action as required by law. Signed by Chief Judge K. Michael Moore on 4/9/2019. (eso)
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| Filing 10 REPLY to Response to Motion re #5 Unopposed MOTION for Leave to File a Sur-Reply in Opposition to Reply in Support of Defendant's Motion to Withdraw the Reference filed by Drew M. Dillworth. (Battista, Paul) |
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Filing 9
PAPERLESS ORDER REFERRING Motion to Withdraw Reference #1 . Pursuant to 28 U.S.C. 157, the above-captioned cause is hereby referred to United States Bankruptcy Judge Raymond B. Ray to issue a Report and Recommendation with respect to Defendant's Motion to Withdraw Reference #1 . Signed by Chief Judge K. Michael Moore on 3/7/2019. (osk)
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| Filing 8 NOTICE by Beach Haus Bal Harbour, LLC of Filing Supplement to the Record (Attachments: #1 Exhibit A, #2 Exhibit B) (Lopez-Castro, Corali) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re 6 Order to Show Cause,,,,,,,, by Beach Haus Bal Harbour, LLC. (Attachments: #1 Exhibit A)(Lopez-Castro, Corali) |
| Set/Reset Deadlines/Hearings Show Cause Response due by 3/8/2019. per DE 6 (cbr) |
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Filing 6
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On February 21, 2019, Defendant moved for a withdrawal of this Court's automatic reference of the underlying bankruptcy action to the Bankruptcy Court for the Southern District of Florida, arguing that Defendant has a constitutional right to a jury trial in this case and therefore a reference to the Bankruptcy Court was inappropriate #1 . On February 22, 2019, Plaintiff filed a motion seeking permission from this Court to file a sur-reply to a pleading made before the Bankruptcy Court. #5 . In this motion, Plaintiff stated that it filed in the Bankruptcy Court against Defendant an Adversary Complaint to Avoid and Recover Transfers, for Turnover and for an Accounting ("Adversary Complaint"). In response to the Adversary Complaint, Defendant moved the Bankruptcy Court to withdraw the reference of the underlying proceedings to the Bankruptcy Court, also alleging that Defendant has a constitutional right to a jury trial in this case. In response, Plaintiff moved the Bankruptcy Court to (a) strike Defendant's jury trial demand and (b) "determine the Bankruptcy Court's ability to enter final orders." Both Defendant's Motion to Withdraw and Plaintiff's Motion to Strike are currently pending before the Bankruptcy Court. The Bankruptcy Court has not entered any final orders subject to direct appeal. Defendant is therefore seeking the same relief, simultaneously, in both the Bankruptcy Court and this Court. Accordingly, UPON CONSIDERATION of the pertinent portions of the record, and being otherwise fully advised in the premises, Defendant is hereby ORDERED TO SHOW CAUSE by March 8, 2019 why the instant proceeding should not be STAYED pending the Bankruptcy Court's full adjudication of Defendant's Motion to Withdraw the Reference and Plaintiff's Motion to Strike Defendant's Motion to Withdraw the Reference. Signed by Chief Judge K. Michael Moore on 3/2/2019. (osk)
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| Filing 5 Unopposed MOTION for Leave to File a Sur-Reply in Opposition to Reply in Support of Defendant's Motion to Withdraw the Reference by Drew M. Dillworth. (Battista, Paul) |
| Filing 4 Bankruptcy Filing of Motion to Withdraw Reference Pursuant to 28 USC 157(d) with District Court (jc) |
| Filing 3 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 2 Bankruptcy Transmittal of Designated Record to District Court re #1 Bankruptcy Motion (Complaint) to Withdraw Reference filed by Beach Haus Bal Harbour, LLC (Attachments: #1 Docket Sheet, #2 Plaintiff's Response and Designation, #3 Defendant's Reply)(smd) |
| Filing 1 MOTION (COMPLAINT) to Withdraw Reference Bankruptcy Court case number 18-01448-RBR., filed by Beach Haus Bal Harbour, LLC.(smd) |
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