Miller v. Rhodes Ranch et al

Filing 19

IT IS ORDERED THAT: this action is referred to the United States Bankruptcy Court for the District of Nebraska for proceedings consistent with the opinion of the Eighth Circuit Court of Appeals; the Bankruptcy Court shall certify its findings to this court in a report and recommendation; the parties shall have ten days following the filing of such report and recommendation in which to brief their respective positions on the findings; the Clerk of Court is directed to transmit the file to the Clerk of Bankruptcy Court and to close this cse for statistical purposes. Civil Case Terminated. Ordered by Judge Joseph F. Bataillon (PCV, )

Miller v. Rhodes Ranch et al

Doc. 19

Case: 8:04-cv-00595-JFB

Document #: 19

Date Filed: 08/18/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IN RE: JEFFREY L. MILLER, Debtor. ________________________________ JEFFREY L. MILLER, Plaintiff/Appellee, vs. NLVK, LLC, a Nevada limited liability company, Defendant/Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

8:04CV595 BK. 03-82793/A04-8021 ORDER

This matter is before the court on remand from the Eighth Circuit Court of Appeals. Filing No. 17, Appellate Opinion. Further factual findings are necessary. See id. at 6-7. Those findings should be made by the Bankruptcy Court in the first instance. Accordingly, the action will be referred to the Bankruptcy Court for proceedings consistent with the opinion of the Eighth Circuit Court of Appeals. IT IS ORDERED THAT: 1. This action is referred to the United States Bankruptcy Court for the District of Nebraska for proceedings consistent with the opinion of the Eighth Circuit Court of Appeals. 2. 3. 4. The Bankruptcy Court shall certify its findings to this court in a report and recommendation. The parties shall have ten days following the filing of such report and recommendation in which to brief their respective positions on the findings. The Clerk of Court is directed to transmit the file to the Clerk of Bankruptcy Court and to close this case for statistical purposes. DATED this 18th day of August, 2006. BY THE COURT: s/Joseph F. Bataillon Chief United States District Judge

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