IN RE QSM, LLC

Bankruptcy Nos. 1:09bk10642, 1:11ap01068. Civil No. 1:11cv410.

453 B.R. 807 (2011)

In re QSM, LLC, Debtor, Robert O. Tyler, Plaintiff, v. McLane Foodservice, Inc., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

May 26, 2011.


Attorney(s) appearing for the Case

Derek K. Prosser , Tyler Bartl Ramsdell & Counts PLC, Alexandria, VA, for Plaintiff.

Adam Jay Smith , Baker & Hostetler LLP, Washington, DC, for Defendant.


ORDER

T.S. ELLIS, III, District Judge.

At issue in this adversary action pending in a bankruptcy court proceeding is whether the reference to the bankruptcy court should be withdrawn for this action at this time where, as here, it is unclear whether a jury trial on this action will be necessary, inasmuch as the summary judgment stage has not yet been reached. For the reasons that follow, it is appropriate to deny the motion as premature and to allow...

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