Summit Farms, LLC v. Ainsworth Feed Yards, LLC

Filing 41

ORDER TO SHOW CAUSE regarding 40 Motion for Leave to Suspend Deadlines. Counsel shal file a Response to this order, showing cause why this case should not be referred to the Bankruptcy Court pursuant to NEGenR 1.5(a) and 28 U.S.C. sec. 157. Show Cause Deadline set for 11/16/2010. Ordered by Magistrate Judge F.A. Gossett. (CLS, )

- F G 3 Summit Farms, LLC v. Ainsworth Feed Yards, LLC

D o c . 41

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA S U M M I T FARMS, LLC, P l a i n t i f f, vs. A IN S W O R T H FEED YARDS, LLC, D efe n d a n t. ) ) ) ) ) ) ) ) )

8 :0 9 C V 3 2 8 O R D E R TO SHOW CAUSE

T h e court has reviewed Summit Farms' unopposed motion (Doc. 40) for leave to s u s p e n d deadlines and the trial date. In this action, Summit Farms seeks to recover damages from Ainsworth Feed Yards, L L C ("the LLC") for the alleged breach of a series of corn purchase contracts. In March 2 0 1 0 , AFY, Inc., f/k/a Ainsworth Feed Yards Company, Inc. ("Debtor") filed for Chapter 1 1 bankruptcy protection (Bankr. D. Neb. No. 10-40875), listing Summit Farms as a creditor f o r the same debt that is the subject of this action. Summit Farms, in turn, made a claim in th e bankruptcy proceeding for the debt. The Trustee objected to the claim.1 The Bankruptcy C o u rt has set the disputed Summit Farms claim on course for trial. S in c e this matter is related to a case brought under Title 11 of the U.S. Bankruptcy C ode, I T IS ORDERED that counsel for the parties shall electronically file a "Response" to this order, showing cause why this case should not be referred to the Bankruptcy Court for th e District of Nebraska pursuant to NEGenR 1.5(a) and 28 U.S.C. § 157. The response shall b e filed no later than November 16, 2010. D A T E D November 8, 2010. B Y THE COURT: s / F.A. Gossett, III U n ite d States Magistrate Judge

The Chapter 11 Trustee also filed an adversary complaint (No. 10-04060) alleging th a t the LLC owes $4,515,910 to the Debtor.

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