PANTHER MOUNTAIN LAND DEVELOPMENT, LLC v. NATIONAL BANK OF ARKANSAS, 4:12MC00027 JLH. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20121009875
Visitors: 2
Filed: Oct. 02, 2012
Latest Update: Oct. 02, 2012
Summary: ORDER J. LEON HOLMES, District Judge. This is an adversary proceeding commenced in bankruptcy court in which both parties have requested that the reference be withdrawn. The plaintiffs stated in paragraph 3 of their complaint in the adversary proceeding that they wish the reference be withdrawn and that the case be tried to a jury in district court. The defendant responded by filing a motion to withdraw the reference and for abstention. After filing the motion, the defendant withdrew the reque
Summary: ORDER J. LEON HOLMES, District Judge. This is an adversary proceeding commenced in bankruptcy court in which both parties have requested that the reference be withdrawn. The plaintiffs stated in paragraph 3 of their complaint in the adversary proceeding that they wish the reference be withdrawn and that the case be tried to a jury in district court. The defendant responded by filing a motion to withdraw the reference and for abstention. After filing the motion, the defendant withdrew the reques..
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ORDER
J. LEON HOLMES, District Judge.
This is an adversary proceeding commenced in bankruptcy court in which both parties have requested that the reference be withdrawn. The plaintiffs stated in paragraph 3 of their complaint in the adversary proceeding that they wish the reference be withdrawn and that the case be tried to a jury in district court. The defendant responded by filing a motion to withdraw the reference and for abstention. After filing the motion, the defendant withdrew the request for abstention. The motion to withdraw the reference and for abstention is granted in part and denied in part. Document #1. The motion to withdraw the reference is granted. The motion for abstention is denied as moot. The Court directs the Clerk to close the miscellaneous case that was opened when the motion to withdraw the reference was filed and to open a new civil action for the adversary proceeding that was initially commenced in bankruptcy court.
IR IS SO ORDERED.
Date Filed # Docket Text
09/17/2012 1 MOTION to Withdraw Reference by Barry K. Kellerman, Dan M Kellerman,
Panther Mountain Land Development LLC (Attachments: # 1 Brief in
Support, # 2 Bankruptcy Docket Sheet, # 3 Transmittal Memo)(sld) (Entered:
09/17/2012)
09/21/2012 2 MOTION to Withdraw/Withdrawal of Request for Abstention by National
Bank of Arkansas (Tucker, Kimberly) (Entered: 09/21/2012)
09/26/2012 3 RESPONSE to Motion re 2 MOTION to Withdraw/Withdrawal of Request
for Abstention the Reference and Abstain and Seperate Withdrawl or Request
for Abstention filed by Barry K. Kellerman, Dan M. Kellerman, Panther
Mountain Land Development LLC. (Attachments: # 1 Exhibit Judgment ftom
Bankruptcy Court, # 2 Exhibit Mandate from Bankruptcy Court)(Penick,
James) (Entered: 09/26/2012)
10/02/2012 4 ORDER granting 1 Motion to Withdraw Reference; finding as moot 2 Motion
for Abstention. The Clerk is directed to close this miscellaneous case that was
opened when the motion to withdraw the reference was filed and to open a
new civil action for the adversary proceeding that was initially commenced in
bankruptcy court. Signed by Judge J. Leon Holmes on 10/02/2012. (pag)
(Entered: 10/02/2012)
Filing Date # Docket Text
Adversary case 4:12-ap-01117. Complaint by Panther
Mountain Land Development, LLC, Barry K. Kellerman,
Dana M. Kellerman against National Bank of Arkansas. Fee
Amount Nature of Suit: (14 (Recovery of money/property —
other)) (81 (Subordination of claim or interest)) (Harris,
Tony) Modified to correct filer on 8/20/2012 (Martindale,
08/16/2012 1 LaTrese). (Entered: 08/17/2012)
Summons Issued on National Bank of Arkansas Answer Due
08/17/2012 2 09/17/2012 (Harris, Tony) (Entered: 08/17/2012)
RECEIPT 80207237 for Check # 34124 for $293 for AP Filing
Fee.(RE: related document(s) 1 Adversary case 4:12-ap-01117.
Complaint by Panther Mountain Land Development, LLC
against National Bank of Arkansas. Fee Amount Nature of
Suit: (14 (Recovery of money/property — other)) (81
(Subordination of claim or interest)) filed by Plaintiff Panther
Mountain Land Development, LLC) (Harris, Tony) (Entered:
08/17/2012 3 08/17/2012)
Receipt of Adversary Filing Fee-$293.00 by TH. Receipt
08/17/2012 4 Number 80207237. (admin) (Entered: 08/17/2012)
Jury Demand by Barry K Kellerman, Dana M. Kellerman,
Panther Mountain Land Development, LLC (RE: related
document(s) 1 Complaint filed by Plaintiff Panther Mountain
Land Development, LLC). (Martindale, LaTrese) (Entered:
08/20/2012 5 08/20/2012)
Summons Service Executed on National Bank of Arkansas
08/29/2012 6 (Penick, James) (Entered: 08/29/2012)
Motion to Extend Time /Unopposed Motion for Extension of
Time to File Responsive Pleading Filed by Kimberly Wood
Tucker on behalf of Defendant National Bank of Arkansas (RE:
related document(s) 1 Complaint filed by Plaintiff Barry K.
Kellerman, Plaintiff Dana M. Kellerman, Plaintiff Panther
Mountain Land Development, LLC) (Tucker, Kimberly)
09/13/2012 7 (Entered: 09/13/2012)
Agreed Order Granting Motion for Extension of Time to File
Responsive Pleading Filed by Kimberly Wood Tucker on
behalf of Defendant National Bank of Arkansas. (Related
Doc # 7) Entered on Docket 9/13/2012 (Martindale, LaTrese)
09/13/2012 8 (Entered: 09/13/2012)
Motion for Withdrawal of Reference And Abstain. [Exempt No]
Fee Amount $176 Filed by Charles T. Coleman on behalf of
Defendant National Bank of Arkansas (Coleman, Charles)
09/14/2012 9 (Entered: 09/14/2012)
RECEIPT of Motion for Withdrawal of Reference(4:12-ap-01117)
[motion, mwdref] (176.00) Filing Fee. receipt number
8485718, amount $ 176.00. (U.S. Treasury) (Entered:
09/14/2012 10 09/14/2012)
Brief and/or Memorandum of Law In Support of National Bank
Of Arkansas' Motion To Withdraw The Reference (RE: related
document(s) 9 Motion for Withdrawal of Reference filed by
Defendant National Bank of Arkansas) filed by Charles T.
Coleman Defendant National Bank of Arkansas. (Coleman,
09/14/2012 11 Charles) (Entered: 09/14/2012)
BNC Certificate of Mailing(RE: related document(s) 8 Agreed
Order Granting Motion for Extension of Time to File
Responsive Pleading Filed by Kimberly Wood Tucker on
behalf of Defendant National Bank of Arkansas. (Related
Doc # 7) Entered on Docket 9/13/2012 (Martindale,
LaTrese)) No. of Notices: 2. Notice Date 09/15/2012. (Admin.)
09/15/2012 12 (Entered: 09/15/2012)
Transmittal of Reference to U.S. District Court. Mailed
Documents to District Court (RE: related document(s) 9 Motion
for Withdrawal of Reference filed by Defendant National Bank
of Arkansas, 11 Brief filed by Defendant National Bank of
09/17/2012 13 Arkansas). (Martindale, LaTrese) (Entered: 09/17/2012)
Acknowledgement of Receipt From Receiving Court of
Transmittal of Reference: Arkansas Eastern, 4:12-mc-00027,
Assigned to Judge J. Leon Holmes. (RE: related document(s) 9
Motion for Withdrawal of Reference And Abstain. [Exempt No]
Fee Amount $176 Filed by Charles T. Coleman on behalf of
Defendant National Bank of Arkansas filed by Defendant
National Bank of Arkansas) (Martindale, LaTrese) (Entered:
09/18/2012 14 09/18/2012)
Source: Leagle
