Boal v. Schoenmann
- Vince Chhabria
- 3:20-cv-01610
- U.S. District Court · Northern District of California
- 1
In Boal v. Schoenmann, Judge Chhabria denied the motion to withdraw the case from bankruptcy-court proceedings at this stage.
The ruling directly concerned Boal, et al., identified as the appellants, and Schoenmann, identified as the appellee; the motion to withdraw the reference was denied.
What happened
Boal, et al., appealed in Boal v. Schoenmann and asked the district court to withdraw the reference. The opinion does not describe the underlying dispute in detail.
The court said it might eventually decide parts of the case and preside over a jury trial. But it found that several potentially case-ending issues before trial would benefit from Judge Montali’s bankruptcy-law and procedure expertise, so it declined to withdraw the reference at this point.
Judge Vince Chhabria denied the motion to withdraw the reference. The order did not decide the underlying dispute.
The detailed version
- Boal v. Schoenmann · No. 3:20-cv-01610
- Vince Chhabria
- June 11, 2020
Background
Boal, et al., are identified as the appellants, and Schoenmann is identified as the appellee. The opinion concerns a motion to withdraw the reference. The opinion does not provide additional details about the underlying dispute.
Court’s reasoning
The district court stated that it would likely eventually have to decide some aspects of the case and would preside if the case proceeded to a jury trial. However, it concluded that, given the factual and legal issues presented, deciding several potentially dispositive pretrial issues would benefit from Judge Montali’s significant expertise in bankruptcy law and procedure. Considering the relevant factors as a whole, the court found that withdrawing the reference was not supported at that stage of the litigation.
Disposition
Judge Vince Chhabria denied the motion to withdraw the reference. The order did not resolve the underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.