Ancier v. Egan et al

Filing 21

ORDER - This matter is before the Court on its own motion. It appears that all the issues presented by the motion to quash (filing 1 ) have been resolved, and the time for any objection to the Magistrate Judge's order (filing 18 ) has elapse d. See NECivR 72.2. Accordingly, this case will be closed. The Court notes that it is not precluded from closing the case by the automatic bankruptcy stay, as a dismissal is not a "continuation" of a proceeding against a debtor within th e meaning of 11 U.S.C. § 362(a)(1). See Dennis v. A.H. Robins Co., Inc., 860 F.2d 871, 872 (8th Cir. 1988); see also O'Donnell v. Vencor Inc., 466 F.3d 1104, 1110-11 (9th Cir. 2006). IT IS ORDERED that this case is closed. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARTH ANCIER,
Plaintiff,

8:15-CV-210

vs.
ORDER
MICHAEL P. EGAN, III, et al.,
Defendants.
This matter is before the Court on its own motion. It appears that all
the issues presented by the motion to quash (filing 1) have been resolved, and
the time for any objection to the Magistrate Judge's order (filing 18) has
elapsed. See NECivR 72.2. Accordingly, this case will be closed. The Court
notes that it is not precluded from closing the case by the automatic
bankruptcy stay, as a dismissal is not a "continuation" of a proceeding
against a debtor within the meaning of 11 U.S.C. § 362(a)(1). See Dennis v.
A.H. Robins Co., Inc., 860 F.2d 871, 872 (8th Cir. 1988); see also O'Donnell v.
Vencor Inc., 466 F.3d 1104, 1110-11 (9th Cir. 2006).
IT IS ORDERED that this case is closed.
Dated this 21st day of March, 2016.
BY THE COURT:

John M. Gerrard
United States District Judge