Commission Receivables Fund 1, LLC v. McIlwain et al

Filing 58

MEMORANDUM AND ORDER - The report and recommendation, Filing No. 57 , is adopted in its entirety. The court hereby withdraws its reference to bankruptcy. The case will proceed against defendant Seniors Choice Insurance Group, Inc. The case is stayed as to Tommie E. McIlwain, Sr., until the automatic stay is no longer in effect or until relief from the automatic stay is requested and obtained from the bankruptcy court. Any motions pending at the time this case was referred to the bankruptcy court may be reasserted within ten days of the date of this order, if the parties so choose. Any responses may likewise be asserted within seven days thereafter. Ordered by Judge Joseph F. Bataillon. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COMMISSION RECEIVABLES FUND
1, LLC, a Nebraska Limited Liability
Company,
Plaintiff,
v.
TOMMIE E. MCILWAIN SR., and
SENIORS CHOICE INSURANCE
GROUP, INC., an Agency,
Defendants.

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8:11CV131

MEMORANDUM AND ORDER

This matter is before the court on the report and recommendation of the bankruptcy
court, Filing No. 57. During the pendency of this case, plaintiff filed a suggestion in
bankruptcy, Filing No. 55, with regard to defendant, Tommie E. McIlwain, Sr., who filed a
Chapter 7 bankruptcy action in the Western District of North Carolina on November 25,
2011. This court then referred the case to the bankruptcy court. Filing No. 56. The
bankruptcy court has now reviewed the case. The bankruptcy judge recommended to this
court that it withdraw the reference of this adversary case and proceed with the litigation
against Seniors Choice Insurance Group, Inc., but stay the case as to the bankruptcy party,
Tommie E. McIlwain, Sr. There are no objections to the report and recommendation
pursuant to NEGenR 1.5(b)(2).
The court finds that pursuant to 28 U.S.C. § 157(d) and NEGenR 1.5(b)(2) and for
good cause shown that the report and recommendation should be adopted in its entirety.
THEREFORE, IT IS HEREBY ORDERED that:
1. The report and recommendation, Filing No. 57, is adopted in its entirety.
2. The court hereby withdraws its reference to bankruptcy.
3. The case will proceed against defendant Seniors Choice Insurance Group, Inc.

4. The case is stayed as to Tommie E. McIlwain, Sr., until the automatic stay is no
longer in effect or until relief from the automatic stay is requested and obtained from the
bankruptcy court.
5. Any motions pending at the time this case was referred to the bankruptcy court
may be reasserted within ten days of the date of this order, if the parties so choose. Any
responses may likewise be asserted within seven days thereafter.
DATED this 8th day of May, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

*This opinion m ay contain hyperlinks to other docum ents or W eb sites. The U.S. District Court for
the District of Nebraska does not endorse, recom m end, approve, or guarantee any third parties or the services
or products they provide on their W eb sites. Likewise, the court has no agreem ents with any of these third
parties or their W eb sites. The court accepts no responsibility for the availability or functionality of any
hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to som e other site does not affect
the opinion of the court.
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