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IN RE: ROBERT CECIL SPRADLIN, SR., Debtor. ROBERT C. SPRADLIN, Plaintiff/Appellee v. LAKESTATES WORKPLACE SOLUTIONS INC., et al., Defendants/Appellants

ORDER WITHDRAWING REFERENCE AND SCHEDULING STATUS CONFERENCE TO ADDRESS CASE MANAGEMENT PROCEDURES

AVERN COHN, United States District Judge

This is a bankruptcy case. Following the August 28, 2002 hearing on the Steelcase Parties' appeal regarding the issue of whether the NCA is enforceable, the Court directed the parties to file papers to advise the Court as to the appropriate procedural course of this case assuming, as the Court has now found, that the NCA is enforceable. This order addresses the procedural aspects of the case.

First, as the parties to not dispute the Court's authority to withdraw the order of reference and assume jurisdiction over this case for good cause, see 28 U.S.C. § 157(d), E.D. Mich. LR 83.50(3), the Court hereby assumes jurisdiction over Spradlin's bankruptcy case.

Second, it appears that the following issues remain in Spradlin's bankruptcy case: (1) whether Spradlin breached the NCA, and if so, what are Holland's damages, and (2) whether certain of Spradlin's debts are non-dischargeable. The Steelcase Parties request a single trial on these issues and also say that there is outstanding discovery relating to these issues. Spradlin has not responded to the Steelcase Parties' request to consolidate nor commented on the outstanding discovery. These issues will be the subject of a status conference on October 22, 2002 at 2:30 p.m.

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IN RE SPRADLIN, (E.D.Mich. 2002)
(Oct 3, 2002)