Duran v. Recreational Equipment, Inc. et al

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; GRANTING IN PART AND DENYING IN PART 9 Motion to Dismiss. IS THEREFORE ORDERED that Appellee Thorofare Asset Based Lending Fund III, L.P.'s Motion to Dismiss Steve Duran's Appeal, or in the Alternative to Summarily Affirm the Bankruptcy Court, (Doc. 9 ), be GRANTED IN PART AND DENIED IN PART. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STEVE DURAN,
Appellant,
v.

CIV No. 16-295 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. 12). In
the PFRD, the Magistrate Judge found that Appellant Steve Duran 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 Steve Duran’s Appeal, or in the Alternative to
Summarily Affirm the Bankruptcy Court, (Doc. 9), 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 Steve Duran’s Appeal, or in the Alternative to

Summarily Affirm the Bankruptcy Court, (Doc. 9), 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