Farm Credit Services of Americ, PCA et al v. Haun et al

Filing 34

MEMORANDUM AND ORDER adopting 33 Report and Recommendation that this bankruptcy and adversary proceeding be withdrawn to the U.S. District Court for the District of Nebraska and that the defendants' motion for stay be denied. The Order of R eference (Filing No. 30 ) to the U.S. Bankruptcy Court for the District of Nebraska is withdrawn. This case shall progress in this Court. The Defendants'Motion to Stay (Case No. A11-4225-TLS, Filing No. 14) is denied. Ordered by Chief Judge Laurie Smith Camp. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FARM CREDIT SERVICES OF
AMERICA, PCA, a federally chartered
instrumentality of the United States,
and FARM CREDIT SERVICES OF
AMERICA, FLCA, a federally
chartered instrumentality of the
United States,
Plaintiffs,
vs.
BRAD HAUN, MICHELLE HAUN,
CECIL D. HAUN, CAROLE L. HAUN,
JOSEPH H. PAGE, FRANCES K.
PAGE, CAROL KNISLEY, and
SHIRLEY KNISLEY, each Individuals,
Defendants.
_________________________________
IN THE MATTER OF:
BIG DRIVE CATTLE, L.L.C.,
Debtor.

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CASE NO. 8:11CV320

MEMORANDUM
AND ORDER

_______________________________
CASE NO. BK11-42415 - TLS
A11-4225 - TLS
CH. 11

This matter is before the Court on the Report and Recommendation of Chief U.S.
Bankruptcy Court Judge Thomas L. Saladino (Filing No. 33) recommending that this Court
withdraw the reference of this matter to the bankruptcy court and that the Defendants’
Motion to Stay (Case No. A11-4225-TLS, Filing No. 14) be denied. The time for filing
objections to the Report and Recommendation has passed. See NEGenR 1.5(a)(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.
IT IS ORDERED:
1.

The Report and Recommendation of Chief U.S. Bankruptcy Court Judge
Thomas L. Saladino (Filing No. 33) is adopted;

2.

The Order of Reference (Filing No. 30) to the U.S. Bankruptcy Court for the
District of Nebraska is withdrawn;

3.

This case shall progress in this Court; and

4.

The Defendants’ Motion to Stay (Case No. A11-4225-TLS, Filing No. 14) is
denied.

DATED this 4th day of January, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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