Case Information
*1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
IN RE
ERNIE HAIRE FORD, INC.,
Debtor.
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ERNIE HAIRE FORD, INC.,
Plaintiff, v. Case No. 8:12-mc-97-T-33
Bankr. No. 8:08-bk-18672-MGW Advs. Pro. No. 8:11-ap-01416-MGW BENJAMIN J. ATKINSON and
CLEARWATER AUTO EXCHANGE,
INC.,
Defendants.
__________________________________/
ORDER
This matter comes before the Court pursuant to Benjamin Atkinson’s Motion to Withdraw Reference from Bankruptcy Court to the United States District Court for the Middle District of Florida (Doc. # 2), filed on August 30, 2012. Ernie Haire Ford, Inc., filed a Response to Atkinson’s Motion (Doc. # 4) on October 8, 2012.
The relevant Motion involves an adversary proceeding pending before the bankruptcy court in which Atkinson has filed an Answer and Demand for a Jury Trial. Atkinson expressly provides in the Motion to Withdraw Reference that he does not consent to a jury trial of the adversary proceeding in bankruptcy court. (Doc. # 2 at 4). Thus, Atkinson requests this Court to withdraw the *2 reference of the adversary proceeding so that the requested jury trial may be conducted before this Court instead.
Upon consideration, the Court declines to withdraw the reference. The Court concludes that permitting this adversary proceeding to remain in bankruptcy court for the disposition of all pretrial matters, including any dispositive motion, (1) advances uniformity of bankruptcy administration, (2) decreases both the likelihood of confusion and the opportunity to gain an advantage by forum shopping, (3) promotes the economical use of the parties’ resources by limiting the bulk of the action to a single forum, and (4) facilitates the efficient administration of the debtor’s estate. See In re Parklane/Atlanta Joint Venture, 927 F.2d 532, 536 (11th Cir. 1991). “[T]he bankruptcy judge is ‘fully equipped’ with the necessary judicial skills to determine and resolve all legal issues arising in this case prior to trial.” Hvide Marine Towing, Inc. v. Kimbrell, 248 B.R. 841, 845 (M.D. Fla. 2000).
Accordingly, it is now
ORDERED, ADJUDGED, DECREED that :
Defendant’s Motion to Withdraw Reference from Bankruptcy Court to the United States District Court for the Middle District of Florida (Doc. # 2) is DENIED WITHOUT PREJUDICE to the extent that the parties may re-assert the request for withdrawal upon the conclusion of all pre-trial matters. The Clerk is directed to CLOSE this case.
DONE ORDERED in Chambers, in Tampa, Florida, this 11th day of October, 2012.
Copies to:
Counsel of Record
Clerk, Bankruptcy Court
