Midwest Renewable Energy v. Western Biomass Energy et al

Filing 41

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's counsel will contact defendant Kramer's South Dakota counsel in the companion case to determine how this court should proceed with scheduling a settlement conference. The settlement conf erence in this case is continued pending receipt of further information from plaintiff's counsel and an additional scheduling order from this court. Defendant KL Energy Corporation shall file a Suggestion of Bankruptcy in this case, and shall immediately advise this court if the bankruptcy stay for this litigation is lifted. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MIDWEST RENEWABLE ENERGY,
LLC, a Nebraska limited liability company;
7:11CV5009
Plaintiff,
vs.

MEMORANDUM AND ORDER

WESTERN BIOMASS ENERGY, LLC;
KL PROCESS DESIGN GROUP LLC, KL
ENERGY CORP., RANDALL P.
KRAMER,
Defendants.
Plaintiff’s counsel advised the court that defendant KL Energy Corporation, now
doing business as Blue Sugars Corporation, filed for bankruptcy in the United States
Bankruptcy Court for the District of Nevada, Case No. 13-50937 (BTB) on May 10,
2013. During a conference call held today, defense counsel confirmed that KL Energy
filed for bankruptcy. Plaintiff’s counsel wishes to proceed with a settlement conference
as to defendant Randall P. Kramer. Defendant Kramer is appearing pro se in this
litigation, but is represented by South Dakota counsel in a companion state case.
The undersigned magistrate judge remains willing to conduct a settlement
conference between the plaintiff and defendant Kramer, but it is unclear if defendant
Kramer wishes to appear at that conference pro se or with counsel. The settlement
conference cannot be scheduled without first answering that question.
Accordingly,
IT IS ORDERED:
1)

Plaintiff’s counsel will contact defendant Kramer’s South Dakota counsel
in the companion case to determine how this court should proceed with
scheduling a settlement conference.

2)

The settlement conference in this case is continued pending receipt of
further information from plaintiff’s counsel and an additional scheduling
order from this court.

3)

Defendant KL Energy Corporation shall file a Suggestion of Bankruptcy in
this case, and shall immediately advise this court if the bankruptcy stay for
this litigation is lifted.

May 14, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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