United States of America v. Burpee, No. 1:2021mc00394 - Document 2 (D. Idaho 2021)
Court Description: MEMORANDUM DECISION AND ORDER - The United States Motion to Withdraw the Reference (Dkt. 1 ) is DENIED WITHOUT PREJUDICE. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
Download PDF
<![CDATA[
United States of America v. Burpee Doc. 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO In re: Case No. 1:21-mc-00394-BLW SCOTT FRANKLIN BURPEE, Debtor. UNITED STATES OF AMERICA, MEMORANDUM DECISION AND ORDER Plaintiff, v. SCOTT FRANKLIN BURPEE, Defendant. INTRODUCTION Before the Court is the United States’ unopposed Motion for Withdrawal of the Reference. Dkt 1. For the reasons explained below, the Court will deny this motion without prejudice. DISCUSSION In 2018, Scott Burpee obtained a multi-million loan from the SBA for various entities he owned. The United States says he obtained that loan through false, fraudulent, and deceptive conduct and omissions. Mr. Burpee filed a bankruptcy petition in June 2020, and thereafter the United States filed (1) an adversary proceeding in bankruptcy court and (2) a separate action in district court. MEMORANDUM DECISION & ORDER - 1 Dockets.Justia.com The United States says the adversary proceeding and the district court action “are based on the same facts and the legal theories center around false and fraudulent misrepresentations and conduct.” See Dkt. 1, at 2. The United States thus argues that both cases should be handled by one court. As matters currently stand, three judges are involved. The adversary proceeding is pending in the bankruptcy court before Judge Pappas; the district court action is pending before Judge Dale; and the motion to withdraw the reference is pending before the undersigned judge. As of this date, it is unclear if the district court action will remain with Judge Dale or be reassigned. Additionally, the parties recently asked Judge Dale to extend deadlines for the parties to file a joint litigation and discovery plan because they “are actively discussing a possible resolution to this matter.” See Stip., Dkt. 5 in Case No. 1:21-cv-00015-CWD. Under these circumstances, this Court does not believe deciding the motion to withdraw at this time would be an efficient or a wise use of judicial resources. The Court will instead deny the motion without prejudice. The United States may refile the motion if and when settlement negotiations break down. MEMORANDUM DECISION & ORDER - 2 ORDER IT IS ORDERED that the United States’ Motion to Withdraw the Reference (Dkt. 1) is DENIED WITHOUT PREJUDICE. DATED: April 19, 2021 _________________________ B. Lynn Winmill U.S. District Court Judge MEMORANDUM DECISION & ORDER - 3
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
