Banks et al v. Shapiro & Zielke, LLP

Filing 17

ORDER VACATING IN PART, nunc pro tunc to January 11, 2011 8 Order on Motion. The Courts prior Order is AMENDED as follows: the reference of Plaintiffs claim against Shapiro & Zielke to the Bankruptcy Court is WITHDRAWN; the remainder of this case s hall remain before the Bankruptcy Court. The Clerk of this Court is DIRECTED to amend the caption in this action (Civ. No. 10-4972) to reflect that only Shapiro & Zielke is named as a Defendant. (Written Opinion). Signed by Judge Richard H. Kyle on 04/14/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Edward D. Banks and Diane M. Banks,
Plaintiffs,
Civ. No. 10-4972 (RHK/JJK)
ORDER

v.
Kondaur Capital Corporation, LLC and
Shapiro & Zielke, LLP,
Defendants.

This matter is before the Court sua sponte.
This action initially was commenced as an adversary proceeding in the bankruptcy
case of Plaintiffs Edward and Diane Banks. While pending before the Bankruptcy Court,
all of the claims against Defendant Kondaur Capital Corporation, LLC (“Kondaur”) were
dismissed, leaving only one claim remaining, against Defendant Shapiro & Zielke, LLP.
Shapiro & Zielke then filed a Motion to withdraw the reference to the Bankruptcy Court
of that claim, and Plaintiffs indicated they did not oppose the Motion. Accordingly, the
undersigned granted the Motion, but in doing so inadvertently withdrew the reference of
the entire case to the Bankruptcy Court – including the already-dismissed claims against
Kondaur – rather than the lone remaining claim against Shapiro & Zielke. (See Doc. No.
8.)
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
ORDERED that the Court’s Order withdrawing the reference of this action to the
Bankruptcy Court (Doc. No. 8) is VACATED IN PART, nunc pro tunc to January 11,

2011 (the date of the Order). The Court’s prior Order is AMENDED as follows: the
reference of Plaintiffs’ claim against Shapiro & Zielke to the Bankruptcy Court is
WITHDRAWN; the remainder of this case shall remain before the Bankruptcy Court.
The Clerk of this Court is DIRECTED to amend the caption in this action (Civ. No. 104972) to reflect that only Shapiro & Zielke is named as a Defendant.

Date: April 14, 2011

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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