Irving H. Picard v. Philip F. Palmedo
| Irving H. Picard |
| Philip F. Palmedo |
| Bernard L. Madoff Investment Securities LLC |
| 1:2020cv01926 |
| March 4, 2020 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Bankruptcy Withdrawal |
| 28 U.S.C. ยง 157 |
| None |
Docket Report
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| Filing 7 MEMO ENDORSEMENT on re: #6 Letter filed by Philip F. Palmedo. ENDORSEMENT: The application is denied. The Bankruptcy Court should address Defendant's motion in the first instance. See In re Formica Corp., 305 B.R. 147, 151 (S.D.N.Y. 2004) ("Because the Court has denied the motion to withdraw the reference, the bankruptcy court should decide in the first instance any motion to dismiss for lack of subject matter jurisdiction."); see also Dynegy Danskammer, LLC v. Peabody COALTRADE Int'l Ltd., 905 F. Supp. 2d 526, 533 (S.D.N.Y. 2012) ("[I]n cases where the bankruptcy court is more familiar with the record or already has extensive experience in the matter, it may be most efficient for the bankruptcy court to propose recommendations first, even though the district court ultimately would have to review them de novo."). (Signed by Judge Paul G. Gardephe on 7/23/2020) (jca) |
| Filing 6 LETTER addressed to Judge Paul G. Gardephe from Helen Davis Chaitman dated July 22, 2020 re: Defendant's Motion. Document filed by Philip F. Palmedo..(Chaitman, Helen) |
Filing 5
MEMO ENDORSEMENT denying without prejudice #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. ENDORSEMENT: On March 4, 2020, Defendant moved to withdraw the bankruptcy reference in this action, arguing that the case is "trial ready" and that Defendant has a Seventh Amendment right to a jury trial. (Dkt. No. 1-1 at 2-3, 6) On March 18, 2020, Plaintiff filed a pre-motion letter as a predicate to moving for summary judgment. (Dkt. No. 3) Given Plaintiff's anticipated summary judgment motion, this case is not trial ready. Defendant's motion to withdraw the reference is therefore denied without prejudice as premature. See, e.g., Pryor v. Tromba, No. 13-CV-676 JFB, 2014 WL 1355623, at *8 (E.D.N.Y. Apr. 7, 2014) ([N]othing in defendant's papers suggests that the proceeding is at the pre-trial stage. Rather, two motions for summary judgment are pending..."); In re Ne. Indus. Dev. Corp., 511 B.R. 51, 53-54 (S.D.N.Y. 2014) ("The Bankruptcy Court may hear the case in the first instance and recommend proposed findings of fact and conclusions of law for final adjudication in the District Court...The Bankruptcy Court's resolution of any motion for summary judgment...will be very useful to the District Court...") (internal citations omitted); Nisselson v. Salim, No. 12 Civ. 92 (PGG), 2013 WL 1245548, at *6 (S.D.N.Y. Mar. 25, 2013) ("The Bankruptcy Court is familiar with the bankruptcy estate as a whole, having overseen its administration since March 2011...Moreover, as a general matter, the Bankruptcy Court is more familiar with avoidance claims...Accordingly, it would be more efficient for the Bankruptcy Court to propose findings of fact and conclusions of law in the first instance."). The Clerk of Court is directed to terminate the motion (Dkt. No. 1) and close the case. The parties may move to re-open the case after the Bankruptcy Court addresses Plaintiff's anticipated motion for summary judgment. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/8/2020) (jca)
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| Filing 4 LETTER addressed to Judge Paul G. Gardephe from Helen Davis Chaitman on behalf of Defendant Philip F. Palmedo dated March 19, 2020 re: motion for summary judgment. Document filed by Philip F. Palmedo..(Chaitman, Helen) |
| Filing 3 LETTER addressed to Judge Paul G. Gardephe from Nicholas J. Cremona dated March 18, 2020 re: Trustee's Consent to the Withdrawal of the Reference. Document filed by Irving H. Picard..(Cremona, Nicholas) |
| Filing 2 CIVIL COVER SHEET filed..(bkar) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4749A, 08-1789A (SMB).Document filed by Philip F. Palmedo. (Attachments: #1 Defendant Memorandum of Law In Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order).(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar) |
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