Irving H. Picard v. Sage Associates

S.D. New York

Irving H. Picard v. Sage Associates

DecidedJanuary 13, 2021

Docket1:20-cv-10057

StatusUnknown

This text of Irving H. Picard v. Sage Associates (Irving H. Picard v. Sage Associates) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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

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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

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