Judge Eric Vitaliano
From 1999 to 2003 Aero Safety Graphics (ASG) provided North American Aviation Inc. (NAA)—a codebtor and subsidiary of debtor Global Aviation Holdings Inc. (GAH)—with passenger safety information cards bearing copyrighted designs. In 2009 NAA began reproducing the designs and creating derivative works or buying safety cards containing its copyrighted materials from third party CF Group. On Feb. 5, 2012, ASG sought judicial intervention in GAH's and NAA's Chapter 11 case. In addition to a July 27 proof of loss against NAA's estate, ASG filed an Oct. 11 administrative expense claim for alleged post-petition infringement and a request for priority against GAH's and NAA's estates under Bankruptcy Code §§503 and 507. Bankruptcy court confirmed GAH's—and its affiliates'—reorganization plan on Dec. 10, 2012. Denying its 28 USC §157 motion to withdraw its bankruptcy reference, district court returned ASG's administrative expense claim to bankruptcy court. ASG's claim was a "core" claim within bankruptcy court's constitutional authority. Nor was ASG's cause aided by the factors in In re Orion Pictures. Withdrawal would not promote judicial efficiency. Nor did its claimed reservation of right to jury trial create grounds for withdrawal.
