Kendall v. Nixdorf Doc.

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Case 3:07-cv-02603-PJH Document 4 Filed 05/23/2007 Page 1 of 2

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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8 In re: MOSCOWITZ & NIXDORF, LLP,
9 Debtor.
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JOHN T. KENDALL, Chapter 7 Trustee,
United States District Court

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Plaintiff, No. C 07-2603 PJH
For the Northern District of California

12 BK Adv. Case No. 06-4255 AN

13 v.
ORDER SETTING BRIEFING
14 SCHEDULE REGARDING
WITHDRAWAL OF REFERENCE
15 AND VACATING CMC
ERIC M. NIXDORF,
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17 Defendant.
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19 This matter is before this court following the bankruptcy court’s May 11, 2007 order
20 recommending withdrawal of the bankruptcy court’s reference under 28 U.S.C. § 157(d),
21 pursuant to Bankruptcy L.R. 5011-2(b).
22 Defendant, the movant for withdrawal of reference, is ORDERED to file and serve
23 an opening brief regarding the propriety of withdrawal of the reference no later than June
24 26, 2007. Plaintiff shall file and serve a response within 14 days of defendant’s opening
25 brief. Defendant may file a reply, if any, within 7 days of plaintiff’s response. In addition to
26 the briefs, the parties should file with this court any pertinent exhibits, including
27 relevant documents and portions of the record previously filed with the bankruptcy
28 court.

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 Case 3:07-cv-02603-PJH Document 4 Filed 05/23/2007 Page 2 of 2

1 Unless the parties are notified otherwise, the matter will be decided on the papers
2 once it is fully briefed. No hearing will be necessary.
3 The case management conference currently set for August 23, 2007 is VACATED.
4 This court will set a CMC, if necessary, at the time that it issues an order regarding the
5 withdrawal of the bankruptcy court’s reference.
6 IT IS SO ORDERED.
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8 Dated: May 23, 2007
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10 ______________________________
PHYLLIS J. HAMILTON
United States District Court

11 United States District Judge

For the Northern District of California

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