Duran et al v. Dill, et al.

Filing 19

ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by District Judge Kea W. Riggs. The Magistrate Judge's 17 Proposed Findings and Recommended Disposition is ADOPTED. Appellant, Rick Jaramillo's appeal from bankruptcy court is DISMISSED WITH PREJUDICE. Appellants Rick Jaramillo and Steve Duran will have through January 25, 2022, to show cause why the Court should not enter the proposed filing restrictions. (ve)

Case 1:20-cv-01172-KWR-LF Document 19 Filed 01/10/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
In re: RAILYARD COMPANY, LLC,
Bankruptcy Case No. 15-12386-t7
Debtor.

Steve Duran and Rick Jaramillo,
Appellants,
v.

1:20-cv-01172-KWR-LF

Craig Dill Trustee, and
Thorofare Asset Based Lending Fund III, L.P.,
Appellees.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended Disposition on
December 2, 2021, recommending that the Court dismiss appellant Rick Jaramillo’s appeal in its
entirety with prejudice1 and that the Court impose filing restrictions on Mr. Jaramillo and Mr.
Duran. Doc. 14. The proposed findings notified the parties of their ability to file objections
within fourteen (14) days and that failure to do so waived appellate review. The Court granted
Mr. Jaramillo an extension through January 7, 2022, to file objections. Doc. 17. To date, the
parties have not filed any objections and there is nothing in the record indicating that the
proposed findings were not delivered.
IT IS THEREFORE ORDERED as follows:
1. The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc. 17) is
1

Appellant Steve Duran did not file a motion to reverse and remand. See Doc. 15. The
Magistrate’s findings and recommendations were based only on Mr. Jaramillo’s motion and
arguments. The Court, therefore, adopts the recommendations with regard to Mr. Jaramillo only.

Case 1:20-cv-01172-KWR-LF Document 19 Filed 01/10/22 Page 2 of 2

ADOPTED;
2. Appellant Rick Jaramillo’s appeal from bankruptcy court is DISMISSED WITH
PREJUDICE.
3. Appellants Rick Jaramillo and Steve Duran will have through January 25, 2022, to show
cause why the Court should not enter the proposed filing restrictions.
IT IS SO ORDERED.

_________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

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