Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. et al

Filing 335

AMENDED MEMORANDUM AND ORDER - The 332 Findings and Recommendation recommending withdrawal of the reference is adopted. Reference of this case to the United States Bankruptcy Court for the District of Nebraska is withdrawn. This case is stayed a s to Wall Street Equity Group, Inc., the party in bankruptcy, until the stay is no longer in effect pursuant to 11 U.S.C. § 362, or relief from the automatic stay is requested and obtained from the untied States Bankruptcy Court for the Southern District of Florida. 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 February 12, 2013. Ordered by Judge John M. Gerrard. (copy mailed ) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PETER KIEWIT SONS', INC.,
Plaintiff,
vs.

8:10-CV-365
AMENDED
MEMORANDUM AND ORDER

WALL STREET EQUITY GROUP,
INC., WALL STREET GROUP OF
COMPANIES, INC., SHEPARD
FRIEDMAN and STEVEN S. WEST,
Defendants.
This matter is before the Court on the Report & Recommendation of the
United States Bankruptcy Judge (filing 332). 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withdrawn to proceed with the litigation against the remaining defendants
while staying the case as to Wall Street Equity Group, Inc., the party in
bankruptcy, until the automatic stay is no longer in effect or relief from the
automatic stay is requested and obtained from the Bankruptcy Court for the
Southern District of Florida.
IT IS ORDERED:
1.

The report and recommendation of the United States
Bankruptcy Judge (filing 332) recommending withdrawal of
the reference is adopted.

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Court for the District of Nebraska is withdrawn.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 Wall Street Equity Group, Inc., the
party in bankruptcy, until the stay is no longer in effect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 for the Southern District of Florida.
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 February 12, 2013.

Dated this 12th day of December, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

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