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Sullivan v. Educational Credit Management Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 21, 2009

IN RE KENNETH D. SULLIVAN, DEBTOR
v.
EDUCATIONAL CREDIT MANAGEMENT CORPORATION, CLAIMANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 21st day of October, 2009, upon consideration of the motion (Doc. 1) to withdraw reference pursuant to 28 U.S.C. § 157(d),*fn1 and the motion (Doc. 4) to join the United States Department of Education pursuant to Rule 19 of the Federal Rules of Civil Procedure and Federal Rule of Bankruptcy Procedure 7019, both of which were filed by debtor Kenneth D. Sullivan ("Sullivan"), and it appearing that Sullivan is a party to the above-captioned proceeding, see In re Camden Ordnance Mfg. Co. of Ark., Inc., 245 B.R. 794, 805-06 (E.D. Pa. 2000) (stating that a litigant seeking withdrawal must be a party to the proceeding), that Sullivan's motion was timely filed on May 20, 2009,*fn2 see id. (explaining that the motion to withdraw must be timely filed), and that resolution of the proceeding requires the "consideration of both the Bankruptcy Code and of non-bankruptcy federal statutes regulating interstate commerce,"*fn3 see id. (holding that a motion to withdraw is appropriate if "resolution of the proceeding must require consideration of both the Bankruptcy Code and of non-bankruptcy federal statutes regulating interstate commerce"), and it further appearing that Sullivan's motion (Doc. 4) to join the United States Department of Education as a necessary party pursuant to Federal Rule of Civil Procedure 19 was filed on May 26, 2009, but that as of the date of this order, Sullivan has not filed a brief in support of the motion,*fn4 see L.R. 7.5 (requiring that "[w]ithin ten (10) days after the filing of any motion . . . , the party filing the same shall file a brief in support of the motion"), it is hereby ORDERED that:

1. Sullivan's motion (Doc. 1) to withdraw reference pursuant to 28 U.S.C. § 157(d) is GRANTED.

2. Sullivan is GRANTED 10 days from the date of this order within which to file a brief in support of the motion (Doc. 4) for joinder. Failure to so file may result in the motion (Doc. 4) being denied for failure to prosecute.


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