Acuity, A Mutual Insurance Company v. Gonzalez et al

Filing 22

MEMORANDUM AND ORDER adopting 21 Findings and Recommendation. Reference of this case to the United States Bankruptcy Court for the District of Nebraska is withdrawn. This case is stayed as to Juan C. Gonzalez, individually and doing business a s United Drywall, until the stay is no longer in effect pursuant to 11 U.S.C. § 362, or relief from the automatic stay is requested and obtained from the United States Bankruptcy Court. The parties are directed to inform the Court every 60 days of the status of the case. The Clerk of the Court is directed to enter an initial status report deadline of October 19, 2015. Ordered by Judge John M. Gerrard. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACUITY, A MUTUAL INSURANCE
COMPANY,
4:15-CV-3029
Plaintiff,
vs.

MEMORANDUM AND ORDER

JUAN C. GONZALEZ d/b/a UNITED
DRYWALL; JUAN C. GONZALEZ,
INDIVIDUALLY; and UNITED
DRYWALL, INC.;
Defendants.
This matter is before the Court on the Report & Recommendation of the
United States Bankruptcy Judge (filing 21). No objections to that report and
recommendation have been filed. The failure to file an objection eliminates
not only the need for de novo review, but any review by the Court. See
Leonard v. Dorsey & Whitney LLP, 553 F.3d 609 (8th Cir. 2009). Accordingly,
the Court will adopt the report and recommendation of the United States
Bankruptcy Judge that the referral of this matter to the Bankruptcy Court be
withdrawn to proceed with the litigation against United Drywall, Inc. while
staying the case as to Juan C. Gonzalez, individually and doing business as
United Drywall, until the automatic stay is no longer in effect or relief from
the automatic stay is requested and obtained from the Bankruptcy Court.1
IT IS ORDERED:
1.

The report and recommendation of the United States
Bankruptcy Judge (filing 21) recommending withdrawal of
the reference is adopted.

The parties are notified, however, that the Court may revisit the applicability of the
bankruptcy stay depending on the degree to which the debtor's interests are implicated by
the legal theories pursued against United Drywall, Inc. See In re Panther Mountain Land
Dev., LLC, 686 F.3d 916, 923-24 (8th Cir. 2012) (discussing possibility of expanding
automatic stay when presented with unusual circumstances where identity of interest
between parties is great).
1

2.

Reference of this case to the United States Bankruptcy
Court for the District of Nebraska is withdrawn.

3.

This case is stayed as to Juan C. Gonzalez, individually and
doing business as United Drywall, until the stay is no
longer in effect pursuant to 11 U.S.C. § 362, or relief from
the automatic stay is requested and obtained from the
United States Bankruptcy Court.

4.

The parties are directed to inform the Court every 60 days
of the status of the case.

5.

The Clerk of the Court is directed to enter an initial status
report deadline of October 19, 2015.

Dated this 18th day of August, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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