Railyard Company, LLC v. Recreational Equipment, Inc. et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; GRANTING IN PART AND DENYING IN PART 4 Motion to Dismiss. IT IS THEREFORE ORDERED that Appellee Thorofare Asset Based Lending Fund III, L.P.'s Motion to Dismiss Railyard Company, LLC's Appeal, or in the Alternative to Summarily Affirm the Bankruptcy Court, (Doc. 4 ), be GRANTED IN PART AND DENIED IN PART. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RAILYARD COMPANY, LLC,
Appellant,
v.

CIV No. 16-292 MV/CG

RECREATIONAL EQUIPMENT, Inc. et al,
Appellees.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge’s Proposed Findings
and Recommended Disposition (“PFRD”), filed on September 14, 2016. (Doc. 7). In the
PFRD, the Magistrate Judge found that Appellant Railyard Company, LLC failed to
provide records from the Bankruptcy Court proceedings or respond to Appellees’
Motion. As a result, the Magistrate Judge recommended that Appellee Thorofare Asset
Based Lending Fund III, L.P.’s Motion to Dismiss Railyard Company, LLC’s Appeal, or
in the Alternative to Summarily Affirm the Bankruptcy Court, (Doc. 4), filed June 24,
2016, be granted in part and denied in part. Specifically, Judge Garza recommended
summarily denying Appellant’s appeal and affirming the Bankruptcy Court’s Order
Granting Motion to Appoint Trustee and Directing United States to Appoint Trustee,
(Doc. 1 at 6). The parties were notified that written objections to the PFRD were due
within fourteen days. (Doc. 12 at 5). No objections have been filed and the deadline of
October 3, 2016 has passed. The recommendations of the Magistrate Judge are
adopted by this Court.

IT IS THEREFORE ORDERED that Appellee Thorofare Asset Based Lending
Fund III, L.P.’s Motion to Dismiss Railyard Company, LLC’s Appeal, or in the Alternative
to Summarily Affirm the Bankruptcy Court, (Doc. 4), be GRANTED IN PART AND
DENIED IN PART.
IT IS FURTHER ORDERED that the Bankruptcy Court’s Court’s Order Granting
Motion to Appoint Trustee and Directing United States to Appoint Trustee, (Doc. 1 at 6),
be AFFIRMED.

______
THE HONORABLE MARTHA VAZQUEZ
UNITED STATES DISTRICT JUDGE