New Bern Riverfront Development, LLC et al v. Humphrey Heating and Air Conditioning, Inc. et al

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
IN RE:
NEW BERN RIVERFRONT DEVELOPMENT,
LLC,
DEBTOR.
NEW BERN RIVERFRONT DEVELOPMENT,
LLC,
Plaintiff
v.
WEAVER COOKE CONSTRUCTION, LLC;
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA; JDAVIS
ARCHITECTS, PLLC; FLUHRER REED, PA; and
NATIONAL ERECTORS REBAR, INC. f/k/a
NATIONAL REINFORCING SYSTEMS INC.,
Defendants
and
WEAVER COOKE CONSTRUCTION, LLC and
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA,
Defendants, Counterclaimants and
Crossclaimants,
v.
JDAVIS ARCHITECTS, PLLC; FLUHRER REED
CASE NO.
09-10340-8-JRL
CHAPTER 11
ADVERSARY
PROCEEDING NO.
10-00023-8-JRL
SO ORDERED.
SIGNED this 22 day of November, 2011.
________________________________________
J. Rich Leonard
United States Bankruptcy Judge
____________________________________________________________
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PA; SKYSAIL OWNERS ASSOCIATION, INC.;
WACHOVIA BANK, NATIONAL ASSOCIATION
and WELLS FARGO & COMPANY f/d/b/a
WACHOVIA CORPORATION,
Crossclaim Defendants.
and
NATIONAL ERECTORS REBAR, INC.,
Defendant, Counterclaimant, Crossclaimant,
and Third-Party Plaintiff,
v.
ROBERT ARMSTRONG, JR., ROBERT P.
ARMSTRONG, JR., INC., SUMMIT DESIGN
GROUP, INC., JMW CONCRETE
CONTRACTORS, and JOHNSON’S MODERN
ELECTRIC COMPANY, INC.,
Third-Party Defendants.
and
JDAVIS ARCHITECTS, PLLC,
Third-Party Plaintiff,
v.
MCKIM & CREED, P.A.,
Third-Party Defendant.
ORDER
Federal Rule of Bankruptcy Procedure 7008(a) mandates that in an adversary proceeding,
“the complaint, counterclaim, cross-claim, or third-party complaint shall contain a statement that
the proceeding is core or non-core and, if non-core, that the pleader does or does not consent to
entry of final orders or judgment by the bankruptcy judge.” Similarly, Federal Rule of
Bankruptcy Procedure 7012(b) requires that responsive pleadings in adversary proceedings
“admit or deny an allegation that the proceeding is core or non-core. If the response is that the
proceeding is non-core, it shall include a statement that the party does or does not consent to the
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entry of final orders or judgment by the bankruptcy judge.” After reviewing a majority of the
pleadings in this adversary proceeding, the court finds that the parties have failed to make the
allegations required by these rules. In light of the Supreme Court’s recent decision in Stern v.
Marshall, 564 U.S. ___, 131 S.Ct. 2594 (2011), the court is hesitant to find that the parties have
impliedly consented to its jurisdiction.
Therefore, each party is ordered to file a statement with the court within 30 days of entry
of this order, stating whether the claims in which it is involved are core or non-core.
Furthermore, to the extent that such claims are determined to be non-core, a party must state
whether or not it consents to the exercise of this court’s jurisdiction to enter final orders,
pursuant to 11 U.S.C. 157(c)(2).
END OF DOCUMENT
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