Free Objection - District Court of California - California

Case 4:07-cv-04826-CW

Document 6

Filed 11/02/2007

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Law Offices of Simpson & Gigounas 100 Pine Street #750 San Francisco, CA 94111 (415) 391-4900

John Gigounas (42822) Gerald A. Holmes (59515) 100 Pine Street, Suite 750 San Francisco, CA 94111 Telephone (415) 391-4900 Facsimile (415) 296-7894 [email protected] Attorneys for Debtor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) In re: Dean Gordon Potter, Debtor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C 07-CV-04826 CW Bk. Case No. 06-42425-LT-11 DEAN GORDON POTTER'S OBJECTION TO THE BANKRUPTCY JUDGE'S RECOMMENDATION THAT THE CASE BE TRANSFERRED TO THE EASTERN DISTRICT DATE: None set TIME:

Dean Gordon Potter, Debtor, (Potter) by and through his undersigned attorneys, files this Objection to the Bankruptcy Judge's Recommendation that the case and objection to claim be transferred to the Eastern District. The basis of Judge Leslie Tchaikovsky's recommendation dated October 28, 2007, was judicial economy and the fact that UNICO filed its refund suit in the Eastern District. Judicial economy could just as well be served by transferring the UNICO case to the Northern District. As stated in Potter's opposition to the transfer, the UNICO case has only one issue, i.e. whether withholding taxes are due when no salary deductions were allowed by the government. In any event, if the cases are to be consolidated, the Northern District is the appropriate district. The main case is the one involving Dean Gordon Potter who is a resident in the
OBJECTION TO THE BANKRUPTCY JUDGE'S RECOMMENDATION

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Case 4:07-cv-04826-CW

Document 6

Filed 11/02/2007

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Law Offices of Simpson & Gigounas 100 Pine Street #750 San Francisco, CA 94111 (415) 391-4900

Northern District. No anticipated witness is located in the Eastern District. The principal witnesses are located in Southern California and Barbados. The interest of justice dictates that the Potter case and objection to claims remain in the Northern District and that if the UNICO case should be consolidated, it should be transferred to the Northern District. The undersigned counsel would appreciate the opportunity to present and argue the transfer of venue issue if the Court would find it helpful. Respectfully submitted,

Dated: November 2, 2007

/s/ John Gigounas John Gigounas

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OBJECTION TO THE BANKRUPTCY JUDGE'S RECOMMENDATION

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