U.S. Court of Appeals for the Seventh Circuit
In re Consolidated Industries Corp.
This writing
- Type
- Opinion of the Court
- Filed
- Jan. 31, 2003
- Case
- In re Consolidated Industries Corp.
- Case status
- Decided
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Opening text
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Order The bankruptcy Trustee for Consolidated Industries has filed an adversary action against Enodis Corp., Welbilt Holding Co., Marion Antonini, and Daniel Yih (collectively, the defendants). After several rounds of amendment, the complaint presents about a dozen claims. The court determined that the defendants have forfeited their right to a jury trial on all but two of these by failing to ask for a withdrawal of the reference to a bankruptcy judge at the same time as they made their jury demand. See N.D. Ind. Local Rule 200.1(c)(2)(a). With respect to the two claims on which the reference-withdrawal motion and jury demand was simultaneous, District Judge Sharp has granted summary judgment for the Trustee. With respect to the remaining claims for relief, a nonjury trial is scheduled to begin on Monday, February 3, 2003, before Bankruptcy Judge Grant. Defendants have filed a notice of appeal from the district judge’s decision and sought a writ of mandamus that would compel the court to hold a jury trial on the remaining claims. The Trustee asks us to dismiss the appeals and to deny the request for mandamus. The appeals are not from final decisions, see 28 U.S.C. §§ 158 (d), 1291,…
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