Tyler v. McLane Foodservice, Inc. (In Re QSM, LLC)

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adversary action pending in a bankruptcy court proceeding is whether the reference to the bankruptcy court should be withdrawn for this action at this time where, as here, it is unclear whether a jury trial on this action will be necessary, inasmuch as the summary judgment stage has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 the bankruptcy court to continue hearing this adversary action through the adjudication of any summary judgment motions. In the event the action is…