Barry J. Byrnes v. Sylvia Marie Byrnes

PREFACE Petitioner sued Defendant in a state district court and demanded a jury trial. The state complaint included claims for Defamation and Intentional infliction of Emotional Dis­ tress [IIED). Defendant’s lawyer moved to dismiss all claims; the motion was denied with respect to the tort claims. The Defendant filed a Chapter 7 petition in the New Mexico Federal Dis­ trict Court and stayed the tort litigation. Petitioner removed the tort claims to District Court for a jury trial which, in turn, re­ ferred the tort claims to a bankruptcy judge. Petitioner moved to withdraw the refer­ ence. The bankruptcy judge scheduled a pretrial conference to set date for a non-jury trial. This action was taken before District Court could rule on the motion to withdraw the reference and/or instruct the bankruptcy judge as to those proceedings that can take place in bankruptcy court. The bankruptcy judge scheduled the pretrial conference for May 13, 2022. Petitioner appeared and refused to agree to a non-jury trial. On May 27, 2022, the bankruptcy judge, as a sanction, dismissed the tort claims and fined Petitioner $12,941.14. In June 2022 Petitioner appealed the bankruptcy court judgment to District Court. In December 2022, District Court and Tenth Circuit denied review of the motion to with­ draw the reference because the bankruptcy judge dismissed the tort claims in May 2022. On January 16, 2024, District Court affirmed the bankruptcy court judgment and Peti­ tioner appealed to the Tenth Circuit. On September 17, 2024, the Tenth Circuit ruled that Petitioner forfeited his right of ap­ peal.