Keith v. Back Yard Burgers of Nebraska, Inc. et al

Filing 95

ORDER -This case is referred to the United States Bankruptcy Court for the District of Nebraska; All motions pending as of this date are denied without prejudice to refiling; This case shall be terminated for statistical purposes by the Clerk of the Court for the District of Nebraska; and The Clerk of the Court for the District of Nebraska shall transmit the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Chief Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRADY KEITH, Individually and on
behalf of a class,

CASE NO. 8:11CV135

Plaintiff,
vs.
ORDER
BACK YARD BURGERS OF NEBRASKA,
INC., BACKYARD BURGERS, INC., and
DOES 1-10,
Defendants.

This matter is before the Court on the Suggestions of Bankruptcy (Filing Nos. 93,
94)1 filed by Defendant Back Yard Burgers of Nebraska, Inc.

Attached to the

Suggestion is a copy of the chapter 11 bankruptcy petition that Defendant Back Yard
Burgers, Inc., filed on October 17, 2012, with the United States Bankruptcy Court for the
District of Delaware. (Filing No. 94-1.) Pursuant to NEGenR 1.5(a),2 and 28 U.S.C. §
157, this matter will be referred to the United States Bankruptcy Court for the District of

1

The Suggestion in Bankruptcy found at Filing No. 93 is identical to the Suggestion in Bankruptcy
found at Filing No. 94, except that Backyard Burger of Nebraska, Inc.’s Voluntary Bankruptcy Petition is
only attached to Filing No. 94.
2

Upon the filing of a suggestion in bankruptcy, or other notification that a party to a civil
case is a debtor in a bankruptcy case, the entire case is referred to the bankruptcy court
for further action. Under this rule, the matter is referred to the bankruptcy court even if
the suggestion of bankruptcy states the bankruptcy proceeding was initiated in another
district. The bankruptcy judge requests status reports from the parties. After reviewing
the status reports, the bankruptcy judge determines whether the case should proceed in
the bankruptcy court of be returned to the district court. If the case is to be returned to
the district court, the bankruptcy judge files a report and recommendation concerning
withdrawal of the reference. The report includes a recommendation regarding the
necessity of the debtor’s participation in the case, and, if appropriate, the bankruptcy
judge enters an order in the bankruptcy case granting relief from the automatic stay to
allow the case to proceed with the debtor as a party.
NEGenR 1.5(a).

Nebraska, and pursuant to NECivR 7.6,3 all motions pending as of this date will be
dismissed, without prejudice to refiling. Accordingly,
IT IS ORDERED:
1.

This case is referred to the United States Bankruptcy Court for the District

of Nebraska;
2.

All motions pending as of this date are denied without prejudice to refiling;

3.

This case shall be terminated for statistical purposes by the Clerk of the

Court for the District of Nebraska; and
4.

The Clerk of the Court for the District of Nebraska shall transmit the court

file to the Clerk of the Bankruptcy Court for the District of Nebraska.

Dated this 19th day of September, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

3

“When a district judge refers a case with pending motions to . . . the bankruptcy court, the clerk
is authorized to enter a text-only order (a) automatically denying all pending motions as of the date of the
reference and (b) stating that the denial is made under this rule and without prejudice to refiling.” NECivR
7.6.

2