UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 20, 2010
IN RE THOMAS A. PISHOS, DEBTOR,
SUSAN K. SMITH, IN HER CAPACITY AS TRUSTEE FOR THE BANKRUPTCY ESTATE OF THOMAS A. PISHOS, PLAINTIFF,
BONNIE B. PISHOS, HERITAGE RANCH HOLDINGS, LLC, GHAUS M. MALIK, INDIVIDUALLY AND IN HIS CAPACITY AS TRUSTEE OF THE G. MALIK TRUST OF 2007, NATIONAL CITY MORTGAGE, AND G.E. COMMERCIAL FINANCE BUSINESS PROPERTY CORP. F/K/A GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORP., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
In bringing the present Motion to Withdraw Reference, Defendant Ghaus M. Malik, individually and in his capacity as Trustee of the G. Malik Trust of 2007, and Defendant National City Mortgage, Inc. (hereinafter "Moving Defendants"), request that the reference of this adversary proceeding to the United States Bankruptcy Judges for the Eastern District of California be withdrawn pursuant to 28 U.S.C. § 157(d). For the reasons set forth below, Moving Defendants' request in that regard will be dismissed.*fn1
On October 14, 2009, Moving Defendants filed a Notice of Partial Settlement of the Case. According to that Notice, a Settlement Agreement had been signed but was subject to approval by the assigned bankruptcy judge. To obtain that approval, Plaintiff Susan K. Smith ("Plaintiff") filed a Motion for Approval of Compromise. The Motion was scheduled to be heard by the bankruptcy court on November 9, 2009. Moving Defendants' Notice made it clear that if the motion was granted, Moving Defendants would be dismissed from the adversary proceeding, thus making the instant Motion to Withdraw moot.
On December 15, 2009, Moving Defendants filed a Notice of Voluntary Dismissal of the pending Motion to Withdraw, with supporting exhibits. In their Notice of Voluntary Dismissal, Defendants state that on November 9, 2009, the Motion for Approval of Compromise came on for hearing as scheduled and was granted.
The Compromise Order was subsequently entered on the bankruptcy court's docket on November 17, 2009.
Additionally, on November 18, 2009, Plaintiff filed a Request for Dismissal with the bankruptcy court, asking the court to dismiss Moving Defendants from the subject adversary proceeding. The bankruptcy court entered its order dismissing Moving Defendants on November 20, 2009.
On December 17, 2009, Plaintiff filed a Response to the Notice of Voluntary Dismissal stating that she was not opposed to dismissal of the Motion to Withdraw. Given the dismissal of Defendants from the Adversary Proceeding, the Motion to Withdraw is now moot.
For these reasons, Defendants' Motion to Withdraw Reference to the Bankruptcy Judges (Docket No. 1) pursuant to 28 U.S.C. § 157(d) is hereby DISMISSED. The Clerk is directed to close this matter.
IT IS SO ORDERED.