Stalnaker v. Fitch et al

Filing 11

ORDER - The Report and Recommendation of the bankruptcy judge denying Fitch's motion to withdraw the reference of this adversary proceeding to the bankruptcy court (Filing No. 1 ) is adopted in its entirety. Fitch's objection (Filing No. 3 ) to the Report and Recommendation is overruled. Fitch's motion for stay (Filing No. 6 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
IN RE:

)
)
FIRST AMERICANS INSURANCE
)
SERVICES, INC.,
)
)
Debtor.
)
)
THOMAS D. STALNAKER, Trustee, )
)
Plaintiff,
)
)
v.
)
)
DAN FITCH,
)
)
Defendant.
)
______________________________)

Case No. BK 09-40067
Adv.No. A11-04074
Chapter 11

8:12CV33

ORDER

This matter is before the Court on the objection of
defendant Dan Fitch (“Fitch”) (Filing No. 3) to the Report and
Recommendation (Report and Recommendation) of Chief Judge Thomas
L. Saladino of the United States Bankruptcy Court for the
District of Nebraska (Filing No. 1) denying Fitch’s motion to
withdraw the reference of this adversary proceeding to the
bankruptcy court.

Plaintiff trustee Thomas D. Stalnaker filed a

brief in support of the Report and Recommendation (Filing No. 4).
Fitch filed a reply brief in opposition (Filing No. 5), as well
as a motion for stay pending this Court’s consideration of the
Report and Recommendation (Filing No. 6, with brief, Filing No.
7).
In his court filings, Fitch challenges the jurisdiction
of the bankruptcy court to hear this adversary claim.

The Report

and Recommendation advises that this Court not withdraw the
reference, for the following reasons:

(1) Most, if not all, of the
plaintiff’s causes of action are
core proceedings which the
bankruptcy court may hear and
decide;
(2) The bankruptcy court has
related-to jurisdiction over any
non-core proceedings raised in the
case and may hear those matters, subject to limitations on its
right to enter final judgment; and
(3) The defendant’s motion is an
invalid substitute for a timely
appeal of the adverse decision
entered on his motion to dismiss.
(Report and Recommendation, at 4).

Upon review of the Report and

Recommendation, the briefs, and the relevant law, the Court finds
that the Report and Recommendation should be adopted.
Accordingly,
IT IS ORDERED:
1)

The Report and Recommendation of the bankruptcy

judge denying Fitch’s motion to withdraw the reference of this
adversary proceeding to the bankruptcy court (Filing No. 1) is
adopted in its entirety;
2)

Fitch’s objection (Filing No. 3) to the Report and

Recommendation is overruled; and
3)

Fitch’s motion for stay (Filing No. 6) is denied as

moot.
DATED this 28th day of February, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
-2-