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In Re Estate Financial Mortgage Fund

September 9, 2011

IN RE ESTATE FINANCIAL MORTGAGE FUND, LLC


Priority Send Enter Closed JS-5/JS-6 Scan Only

CIVIL MINUTES - GENERAL

PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Victor Paul Cruz

Courtroom Clerk

COUNSEL PRESENT FOR PLAINTIFF:

Not Present

Not Present

Court Reporter

COUNSEL PRESENT FOR DEFENDANTS:

Not Present

PROCEEDINGS (in chambers): ORDER DENYING DEFENDANTS' MOTION TO WITHDRAW THE REFERENCE TO THE BANKRUPTCY COURT AS TO ADVERSARY PROCEEDING [Docket No. 6]

This matter is before the Court on Defendants Bryan Cave, LLP and Katherine M. Windler's (collectively, "Defendants") Motion to Withdraw the Reference to the Bankruptcy Court as to Adversary Proceedings ("Motion"), filed on May 26, 2011.*fn1 Plaintiff Bradley D. Sharp, Chapter 11 Trustee to Debtor Estate Financial Mortgage Fund, LLC. ("EFMF") ("Plaintiff"), filed an Opposition to the Motion on June 20, 2011, to which Defendant replied. No hearing date was set on the Motion. For the following reasons, Defendants' Motion is DENIED.

BACKGROUND

Estate Financial, Inc. ("EFI") was a mortgage brokerage company engaged in the business of funding, servicing and managing commercial and construction loans secured by real estate located in California. (EFMF Req. for Judicial Notice ("EFMF RJN") Ex. 20 at 445.) EFI funded its loans with money obtained from individual investors or from Estate Financial Mortgage Fund, LLC ("EFMF"), a funding company formed by EFI in 2002 for the purpose of investing in EFIbrokered loans. (Id.) In November, ...


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