Irving H. Picard v. Sage Associates

S.D. New York

Irving H. Picard v. Sage Associates

District Court, S.D. New York·Decided January 13, 2021·No. 1:20-cv-10057·Unknown

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: DATE FILED: 1/13/21 Irving H. Picard., Plaintiff, 20-cv-10057 (AJN) —V— ORDER Sage Associates, ef al., Defendants.

ALISON J. NATHAN, District Judge: Before the Court is Defendants fully briefed Motion to Withdraw the Bankruptcy Reference. In their reply brief, Defendants raise for the first time the issue of whether withdrawal of the reference is mandatory under 28 U.S.C. § 157(a). Dkt. No. 9, 6-9. Plaintiff is invited to file a 10-page sur-reply addressing the issue of, and only the issue of, whether “substantial and material consideration of non-Bankruptcy Code federal statutes is necessary for the resolution of” this proceeding. Jn re Ionosphere Clubs, Inc., 922 F.2d 984, 995 (2d Cir. 1990). Plaintiff may in the alternative file a letter stating his intent to rely only on his opposition brief. Plaintiff must file the sur-reply or letter by January 25, 2021.

SO ORDERED.

Dated: January 13, 2021 Al ( Astor New York, New York ALISON J. NATHAN United States District Judge

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USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: DATE FILED: 1/13/21 Irving H. Picard., Plaintiff, 20-cv-10057 (AJN) —V— ORDER Sage Associates, ef al., Defendants.

ALISON J. NATHAN, District Judge: Before the Court is Defendants fully briefed Motion to Withdraw the Bankruptcy Reference. In their reply brief, Defendants raise for the first time the issue of whether withdrawal of the reference is mandatory under 28 U.S.C. § 157(a). Dkt. No. 9, 6-9. Plaintiff is invited to file a 10-page sur-reply addressing the issue of, and only the issue of, whether “substantial and material consideration of non-Bankruptcy Code federal statutes is necessary for the resolution of” this proceeding. Jn re Ionosphere Clubs, Inc., 922 F.2d 984, 995 (2d Cir. 1990). Plaintiff may in the alternative file a letter stating his intent to rely only on his opposition brief. Plaintiff must file the sur-reply or letter by January 25, 2021.

SO ORDERED.

Dated: January 13, 2021 Al ( Astor New York, New York ALISON J. NATHAN United States District Judge

Irving H. Picard v. Sage Associates, (S.D.N.Y. 2021).

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