UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 10, 2011
STEVEN JOHN SCHMITZ AND TARANA LEA SCHMITZ,
HILDA L. SOLIS, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR,
STEVEN JOHN SCHMITZ, DEFENDANT.
District Court Bankruptcy Case No.10-26865-C-7
Adversarial Case No.10-02646 DC Control No. DOL-001
ORDER GRANTING MOTION FOR WITHDRAWAL OF REFERENCE AND TRANSFER OF VENUE
This matter is before the Court on Plaintiff Secretary of the United States Department of Labor Hilda L. Solis' ("Plaintiff") motion for withdrawal of reference and transfer of venue. (Doc. #1). Plaintiff seeks to withdraw an adversary complaint from the Bankruptcy Court to the District Court, and transfer venue from the Eastern District of California to the Central District of California. The adversary complaint involves alleged violations of 2 the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1191(c). Plaintiff moves for withdrawal pursuant to 28 U.S.C. § 157(d) and Federal Rules of Bankruptcy Procedure 5005(a) and 5011(a). Defendant Steven Schmitz ("Defendant") did 6 not file an opposition or statement of non-opposition to the 7 motion. This matter was set for hearing on February 9, 2011, and 8 ordered submitted on the briefs.*fn1
Having reviewed the papers, the Court finds that Plaintiff has shown good cause for withdrawal of the adversary complaint under both the discretionary and mandatory withdrawal requirements of 28 U.S.C. § 157(d). The Court further finds, for the reasons set forth in the motion, that transfer of venue of the adversary case to the Central District is appropriate under the discretionary standard of 28 U.S.C. § 1404(a), so that the adversary complaint may be consolidated with Plaintiff's pending matter in the Central District (Hilda L. Solis v. Shannon Stuart, Steven John Schmitz and the S.J. Burkhardt, Inc., Employee's Profit Sharing Plan, Civil Action No. CV10-7914 VBF). Accordingly, Plaintiff's motion for withdrawal and transfer of venue is GRANTED.
Pursuant to Eastern District Local Rule 230(c), opposition, if any, to the granting of a motion shall be in writing and shall be filed and served not less than fourteen days preceding the noticed hearing. A responding party who has no opposition to the granting of the motion shall serve and file a statement to that effect. Pursuant to Eastern District Local Rule 110, failure of counsel or of a party to comply with the Local Rules may be grounds for imposition of sanctions by the Court. Defendant's attorney, Dennis K. Cowan, failed to file any response, either an opposition or statement of non-opposition, to Plaintiff's motion. Accordingly, Mr. Cowan is ordered, within ten (10) days of the date of this Order, to submit a statement of good cause explaining his failure to comply with the Local Rules or pay sanctions in the amount of $100.00 to the Clerk of the Court.
Plaintiff's motion to withdraw the reference from the Bankruptcy Court and transfer venue to the United States District Court for the Central District of California is GRANTED.
Defendant's attorney, Dennis K. Cowan is ordered, within ten (10) days of the date of this Order, to submit a statement of good cause for failure to comply with the Local Rules, or pay sanctions in the amount of $100.00 to the Clerk of the Court.
IT IS SO ORDERED.