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In re Mortgage Store, Inc.

United States District Court, District of Hawaii

January 23, 2015

In re THE MORTGAGE STORE, INC., Debtor.
v.
THE MANO MANAGEMENT TRUST; ET AL., Defendants. DANE S. FIELD, Plaintiff,

ORDER ADOPTING RECOMMENDATION TO DISTRICT COURT TO VACATE WITHDRAWAL OF REFERENCE

MICHAEL SEABRIGHT UNITED STATES DISTRICT JUDGE

On February 25, 2014, this court issued an Order Adopting Recommendation to Withdraw Reference in Order to Schedule and Conduct Jury Trial (the “February 25 Order”). Doc. No. 2. The withdrawal of reference was “for the limited purposes of opening [this action] and setting a date for a jury trial.” Id. at 1. The February 25 Order also directed that “[Bankruptcy] Judge [Robert J.] Faris shall retain jurisdiction for all other purposes until 60 days prior to the trial date to facilitate prompt resolution of this matter and to set meaningful deadlines for the completion of all pretrial matters.” Id. at 2. Thereafter, on March 5, 2014, Magistrate Judge Richard L. Puglisi issued a Rule 16 Scheduling Order (the “March 5 Order”) setting this action for trial before this court on April 7, 2015. Doc. No. 7.

On January 20, 2015, Defendants The Mano Management Trust, Mano, Ltd., Paulrajan Manoharan, a/k/a Paulrahan Manoharan, a/k/a Paul Manoharan, Yalini Manoharan, Mano-May, Ltd., Y&M Enterprises, Inc., Willacy Investco, LLC, John Mark Freeland, a/k/a Mark Freeland (collectively, “Defendants”) “withdrew their jury demands and consented to the entry of final judgment by the bankruptcy court.” Doc. No. 9-1, Recommendation at 2; see Doc. No. 9-2, Ex. A. Accordingly, on January 21, 2015, Judge Faris issued a Recommendation to District Court to Vacate Withdrawal of Reference (“Recommendation”), in which he recommends vacating both the February 25 Order and March 5 Order. Doc. No. 9-1, Recommendation at 2.

Having considered Judge Faris’ Recommendation and good cause appearing therefore, this Court ADOPTS the Recommendation to District Court to Vacate Withdrawal of Reference. The February 25 Order and March 7 Order are hereby vacated and jurisdiction over this adversary proceeding shall remain in the bankruptcy court.

IT IS SO ORDERED.


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