Nutone, Inc. v. Jakel, Inc.

Filing 92

REPORT AND RECOMMENDATION that the District Court withdraw the reference of the adversary proceeding. (Attachments: # 1 Transmittal Letter)Ordered by Judge Timothy J. Mahoney. (ADB, )

Case 09-08070-TJM

Doc 8

Filed 02/11/10 Entered 02/11/10 14:28:41 Document Page 1 of 1

Desc Main

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEBRASKA IN THE MATTER OF: ) ) BROAN-NUTONE LLC, ) ) Debtor(s). ) NUTONE, INC., an Ohio corporation, ) ) Plaintiff, ) ) vs. ) ) JAKEL, INC., ) ) Defendant and ) Third-Party Plaintiff, ) ) vs. ) ) ANZEN DENGU CO., LTD., and ) API TECHNOLOGY, INC., ) ) Third-Party Defendants. )

CASE NO. BK09-13611 (D. Del.) A09-8070-TJM 8:07CV305 CH. 11

REPORT & RECOMMENDATION This matter is before the court on the joint supplemental status report filed by the parties (Fil. # 7). The parties report that the debtor has consummated its plan of reorganization, the bankruptcy estate has been fully administered, and the underlying bankruptcy case has been closed. Accordingly, the bankruptcy proceeding will not affect this litigation and the case may go forward. I respectfully recommend to the United States District Court for the District of Nebraska that it withdraw the reference of this adversary proceeding to proceed with the litigation. The Clerk of the Bankruptcy Court shall process this recommendation pursuant to the local court rules. DATED: February 11, 2010 RESPECTFULLY SUBMITTED, /s/ Timothy J. Mahoney United States Bankruptcy Judge Notice given by the Court to: Richard P. Jeffries Tara A. Stingley Susan L. Stryker Thomas J. Culhane Brian D. Nolan U.S. Trustee