Free Order on Motion to Withdraw Reference - District Court of Delaware - Delaware

Case 1:07-cv—00436-SLR Document 3 Filed 08/10/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In Re: ) Chapter 11
FLEMING COMPANIES INC., ) Case No. 03-10945 (MFW)
et al., ) (Jointly Administered)
Debtors. I
POST CONFIRMATION TRUST, )
Plaintiffs, g
v. I Civ. N0. 07-436-SLR
RICHARD J. ADAMCIK, I
DAVID MILSTEAD, and MICHAEL D. )
MARTIN, SR., )
Defendants. g
0 R D E R
At Wilmington this \U\h day of August, 2007, having reviewed plaintiffs motion
to withdraw the reference pursuant to 28 U.S.C. § 157(d);
IT IS ORDERED that said motion (D.I. 1) is denied without prejudice to renew
when the case is ready for trial. More specifically, the bankruptcy judge assigned to this
adversary proceeding shall manage the discovery process and any motion practice. A
renewed motion for withdrawal ofthe reference will be considered only when the parties
(through stipulation) or the bankruptcy judge (through a decision) identify the genuine
issues of material fact which should be tried to a jury.