Laine v. Gross

MEMORANDUM AND ORDER DENYING DEFENDANT’S MOTION TO WITHDRAW REFERENCE

GENE CARTER, Chief Judge.

Plaintiff in this adversary proceeding in bankruptcy filed her complaint in the bankruptcy court on October 5, 1990 alleging six grounds for relief. Count VI alleged a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). Defendants filed a motion to dismiss the complaint on January 11, 1991. The motion sought abstention by the bankruptcy court under 28 U.S.C. § 1334(c)(1) and (2), and dismissal pursuant to 28 U.S.C. § 157 for failure to state a claim. In the alternative, the…