v. Sommers et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IN RE: 1100 RESTAURANT
GROUP, LP,
Debtor.
_______________________
RONALD J. SOMMERS,
Plaintiff,
versus
LETTERBOX HOSPITALITY,
LLC, et al,
Defendants.
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CIVIL ACTION NUMBER
4:25-cv-04612
JUDGE CHARLES ESKRIDGE
ORDER ADOPTING
REPORT AND RECOMMENDATION
Pending is a motion by Defendant Todd Mason to
withdraw the reference to the bankruptcy court. Dkt 2. A
response by The Trustee when pending before the
bankruptcy court doesn’t oppose withdrawal of the
reference. See 25-ap-3319, Dkt 26. But he does request that
the Bankruptcy Court handle all pretrial matters for
judicial efficiency and then give notice when the matter is
trial ready. Id at 2.
Bankruptcy Judge Jeffrey P. Norman issued a Report
and Recommendation recommending that the reference of
this case to the bankruptcy court be withdrawn because
(i) the claim for breach of fiduciary duty is a non-core claim,
and (ii) the defendant has made a jury demand. Dkt 1 at 1–
2. But he adds that he “stands willing and ready to resolve
any pre-trial matters including dispositive motions.” Dkt 1
at 2.
United States District Court
Southern District of Texas
ENTERED
December 10, 2025
Nathan Ochsner, Clerk
Case 4:25-cv-04612 Document 3 Filed on 12/05/25 in TXSD Page 1 of 2

2
The Report and Recommendation of the Bankruptcy
Judge has been reviewed and determined to be correct. It
is thus ADOPTED as the Memorandum and Order of this
Court. Dkt 1.
The motion by Defendant Todd Mason for withdrawal
of the reference is GRANTED. Dkt 2.
The reference is WITHDRAWN for purposes of trial only.
All pretrial matters REMAIN with the Bankruptcy
Court, including consideration of any dispositive motions.
SO ORDERED.
Signed on December 5, 2025, at Houston, Texas.
___________________________
Honorable Charles Eskridge
United States District Judge
Case 4:25-cv-04612 Document 3 Filed on 12/05/25 in TXSD Page 2 of 2