Ross et al v. Bartle et al

Filing 11

ORDER - The Clerk of Court is instructed to strike the Findings and Recommendation, ECF No. 10 , from the above captioned case. The Clerk of Court is further instructed to file the Findings and Recommendation as a new action and assign judges under NEGenR 1.5(b)(3). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

RON ROSS,
Plaintiff,

8:16CV453

vs.
ORDER
JOHN BARTLE, ROBERT L.
RYNARDSR., DANA WADMAN-HUTH,
REBECCA BARTLE, DANE STARBUCK,
RYNARD ENTERPRISES, INC., BVM
MANAGEMENT, INC., BETHANY
VILLAGE APARTMENTS, INC.,
BETHANY VILLAGE APARTMENTS NEW CASTLE, INC., AMERICARE
COMMUNITIES, LLC, and BVM
LAKESHORE, LLC,
Defendants.

This matter is before the Court on the Findings and Recommendation, ECF No.
10, of Chief Judge Thomas L. Saladino of the United States Bankruptcy Court for the
District of Nebraska. This case came before the Bankruptcy Court under Title 11 of the
United States Code. By statute and local rule, all cases arising under Title 11 are
referred to the Bankruptcy Court. 28 U.S.C. 157(a); NEGenR 1.5(a); Neb. R. Bankr. P.
5011-1(A). The Bankruptcy Court recommends that this Court withdraw the statutory
reference of this matter to the bankruptcy court.
The Court notes that no objections have been filed to the Findings and
Recommendation under Federal Rule of Bankruptcy Procedure 9033(b). However, the
Court must follow additional procedural steps before ruling on the Findings and
Recommendation. Under NEGenR 1.5(b)(2), the Bankruptcy Judge issues findings and

recommendations on motions for withdrawal filed in the Bankruptcy Court.

Under

NEGenR 1.5(b)(3), “[w]hen the bankruptcy judge files the report [or findings] and
recommendation with the district court, the motion for withdrawal of reference and the
bankruptcy court’s report and recommendation are assigned to a district judge under
Nebraska General Rule 1.4(a)(2).”
The above captioned case was originally filed as a request for interlocutory
appeal, which the Court denied. See ECF Nos. 7, 8. The Findings and
Recommendation were apparently filed in the above captioned case because of the
identity of the parties. However, the Findings and Recommendation, if adopted,
constitute a new action, separate and apart from the previous request for an
interlocutory appeal. Accordingly, the Findings and Recommendation must be stricken
from the above captioned case, and filed in a new action under NEGenR 1.5(b)(3).
IT IS ORDERED:
1.

The

Clerk

of

Court

is

instructed

to

strike

the

Findings

and

Recommendation, ECF No. 10, from the above captioned case; and
2.

The Clerk of Court is further instructed to file the Findings and
Recommendation as a new action and assign judges under NEGenR
1.5(b)(3).

Dated this 6th day of April, 2017.

BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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