Garden v. Central Nebraska Housing Corp. et al

Filing 2

MEMORANDUM AND ORDER - The court directs the clerk's office to docket Bankruptcy Proceedings No. 10-40159-TLS, Adversary Proceedings No. 10-04097-TLS, as a new civil case. In addition, the court directs the clerk's office to directly assign the undersigned judge to the new civil case, as the matter is at least arguably related to the above-captioned case. Ordered by Judge Laurie Smith Camp. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN ZAPATA, an individual JOHN
ZAPATA as Assignee,
Plaintiff,
v.
RICK ROBERTS, et al.,
Defendants.

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CASE NO. 4:10CV3240

MEMORANDUM
AND ORDER

This matter is before the court on Richard P. Garden’s (“Garden”) “Motion to
Separately Docket Case Transferred from the United States Bankruptcy Court for the
District of Nebraska.” (Filing No. 61.) For the reasons set forth below, Garden’s Motion
will be granted.
On July 19, 2011, the United States Bankruptcy Court for the District of Nebraska
dismissed an interpleader complaint filed in the bankruptcy court, finding that it lacked
subject matter jurisdiction over the action. The bankruptcy court transferred the matter to
the district court for all further proceedings.

Thereafter, the clerk’s office filed the

bankruptcy matter in the above-captioned case. (See Filing No. 56.) Garden now moves
the court to direct the clerk’s office to separately docket the bankruptcy matter under a new
federal district court case number because the bankruptcy matter involves “a different
cause of action entirely.” (Filing No. 61 at CM/ECF pp. 1-2.) The court agrees. As such,
IT IS THEREFORE ORDERED that:
1.

Garden’s “Motion to Separately Docket Case Transferred from the United
States Bankruptcy Court for the District of Nebraska” (Filing No. 61) is
granted;

2.

The court directs the clerk’s office to docket Bankruptcy Proceedings No.
10!40159!TLS, Adversary Proceedings No. 10!04097!TLS, as a new civil
case. (See Transmittal Notice filed by the bankruptcy court at Filing No. 562, Attach. 2.) In addition, the court directs the clerk’s office to directly assign
the undersigned judge to the new civil case, as the matter is at least arguably
related to the above-captioned case. See NEGenR 1.4(a)(4)(C)(iii) (“Open
or closed civil cases are related when they involve some or all of the same
issues of fact, arise out of the same transaction, or involve the validity or
infringement of the same patent.”); and

3.

The court directs the clerk’s office to strike Filing No. 56 from this case.

DATED this 24th day of August, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S.
District Court for the District of Nebraska does not endorse, recommend, approve, or
guarantee any third parties or the services or products they provide on their Web sites.
Likewise, the court has no agreements with any of these third parties or their Web 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 some other site does
not affect the opinion of the court.
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