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WASSERMAN v. HALPERIN

United States District Court, D. New Jersey


June 16, 2005.

ROBERT WASSERMAN as THE CHAPTER 7 TRUSTEE for THE CLASSICA GROUP, INC. f/k/a SARATOGA BRANDS, INC., CLASSICA MICROWAVE TECHNOLOGIES, Plaintiff,
v.
SCOTT HALPERIN, JOSEPH F. GREEN, ALAN RUBIN, BERNARD M. LILLIS, JR., HAROLD FRIEDBURG, SHARON L. LAMONT, C.P.A. AND CRAIG A. PASKO, Defendants, and ADMIRALTY INSURANCE CO. Defendant.

The opinion of the court was delivered by: FAITH HOCHBERG, District Judge

OPINION & ORDER

This matter having come before the Court upon Defendants' Motion for a Withdrawal of the Reference, and the Court having considered the submissions of the parties in accordance with Fed.R.Civ.P. 78, and

it appearing that 28 U.S.C. ยง 157(d) grants a district court permission to withdraw a reference "for cause shown,"*fn1 and it appearing this adversary proceeding arose out of the Classica Group Inc.'s voluntary petition on March 23, 2004 for relief under Chapter 7 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of New Jersey (Case No. 04-19875), and

  it appearing that this adversary proceeding was filed by Robert Wasserman, Chapter 7 Trustee for the Classica Group, against the Classica Group's directors and officers for claims including breach of fiduciary duty, misappropriation, corporate mismanagement, negligence and breach of contract, and

  it appearing that Bankruptcy Judge Steckroth has not ruled on whether this adversary proceeding is a core proceeding,*fn2 and

  it appearing that the adversary proceeding shall remain in the United States Bankruptcy Court for all pre-trial proceedings in the interest of judicial efficiency.*fn3 IT IS on this 16th day of June, 2005,

  ORDERED that Defendants' Motion to Withdraw the Reference is DENIED.


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