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In re Cabinet Connection

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 17, 2006

IN RE: CABINET CONNECTION, INC., DEBTOR.
ROBERT T. BRUEGGE, TRUSTEE, PLAINTIFF,
v.
FIRST MID-ILLINOIS BANK, DEFENDANT.

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

Chapter 7

Bkr. Case No. 05-61257

Adv. No. 06-06037

ORDER

Before the Court is defendant The Checkley Agency, Inc. (stating that "First Mid-Illinois Bank" is a misnomer), moving for an Order withdrawing the reference of this matter to the Bankruptcy Court, as Defendant states it has never filed a proof of claim in the Cabinet Collection bankruptcy or otherwise submitted itself to the jurisdiction of the Bankruptcy Court and therefore will not consent to either a bench trial or jury trial before the Bankruptcy Court (Doc. 1). Instead, it demands a trial by jury in front of a United States District Court. There has not been a response to this Motion filed.

However, the Court finds that Defendant should file a supplemental memorandum to its Motion in order to show why, under 28 U.S.C. § 157, reference of this matter to the Bankruptcy Court should be withdrawn, making appropriate citations to supporting statutory and/or case law. Otherwise, the Court cannot affirmatively find that cause exists to grant the Motion. Accordingly, Defendant's Supplemental Memorandum to its Motion to Withdraw Bankruptcy Reference is due by Wednesday, November 1, 2006. If Plaintiff should seek to file a Response, this will be due by Wednesday, November 8, 2006.

IT IS SO ORDERED.

David R. Herndon United States District Judge

20061017

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