Keith v. Back Yard Burgers of Nebraska, Inc. et al
ORDER adopting the 96 Findings and Recommendation; and the Order of Reference 95 to the U.S. Bankruptcy Court for the District of Nebraska is withdrawn; and this case shall progress in this Court. 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,
BACK YARD BURGERS OF NEBRASKA,
INC., BACKYARD BURGERS, INC., and
CASE NO. BK12-12882 (D. DEL.)
IN THE MATTER OF:
BACKYARD BURGERS, INC.,
This matter is before the Court on the Report and Recommendation of U.S.
Bankruptcy Judge Timothy J. Mahoney (Filing No. 96) recommending that this Court
withdraw the reference of the adversary proceeding to the bankruptcy court. Judge
Mahoney noted that the plaintiff in the adversarial proceeding has dismissed his claims
against the party in bankruptcy, and found that there was no need for the case to
remain before the bankruptcy court. Accordingly, Judge Mahoney recommends that
this Court with withdraw the bankruptcy reference in this matter for all further
proceedings against the remaining defendants.
The time for filing objections to the Report and Recommendation has passed.
See NEGenR 1.5(b)(2).
No objections have been filed under Federal Rule of
Bankruptcy Procedure 9033(b). The Court finds that under 28 U.S.C. § 157(d) and
Federal Rule of Bankruptcy Procedure 9033(d), and for good cause shown, the Report
and Recommendation should be adopted in its entirety. Accordingly,
IT IS ORDERED:
The Report and Recommendation (Filing No. 99) is adopted; and
The Order of Reference (Filing No. 95) to the U.S. Bankruptcy Court for
the District of Nebraska is withdrawn; and
This case shall progress in this Court.
Dated this 16th day of October, 2013.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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