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IN RE TRAVERSA
BRIEF MEMORANDUM OF DECISION AND ORDER DENYING DEBTOR'S MOTION FOR AUTHORIZATION TO SERVE SUBPOENAS OUTSIDE OF JURISDICTION AND TERRITORIALITY OF THE COURT AND SUSTAINING OBJECTION THERETO
LORRAINE WEIL, Bankruptcy Judge
WHEREAS, on February 17, 2009, the above-referenced debtor (the "Debtor") filed in this adversary proceeding that certain Motion for Authorization To Serve Subpoenas Outside of the District and Territoriality of the Court (Doc. I.D. No. 316, the "Motion");
WHEREAS, on March 3, 2009, the above-referenced defendant ("ECMC") filed an objection (Doc. I.D. No. 319, the "Objection") to the Motion;
WHEREAS, a hearing (the "Hearing") was held with respect to the Motion and the Objection on March 4, 2009. Both the Debtor ( pro se) and ECMC (through counsel) appeared at the Hearing;
WHEREAS, the court announced its preliminary ruling (Oral Record of 3/4/09 Hearing at 11:45:37 et seq., the "Preliminary Ruling") denying the Motion and sustaining the Objection;
WHEREAS, in response to the Preliminary Ruling the Debtor requested the opportunity to brief the issue further. That request was granted with the Debtor's memorandum of law (a "Debtor Memorandum") to be filed and served no later than March 10, 2009 and ECMC's answer brief to be filed no later than March 13, 2009. Subject to that briefing schedule, the court took the matter under advisement; WHEREAS, the Debtor has failed to file a Debtor Memorandum in accordance with the court's oral order at the Hearing;
NOW, THEREFORE, in accordance with the Preliminary Ruling, it hereby is ORDERED that the Motion is denied and the Objection is sustained.
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