Iron Horse Welding, LLC v. Beach et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Motion to Dismiss Bankruptcy Appeal filed by Rhonda B Beach, Jody Lee Beach, 16 Report and Recommendations, ; denying 9 Motion to Dismiss Bankruptcy Appeal re 9 MOTION to Dismiss Bankrup tcy Appeal re 3 Bankruptcy Record on Appeal by Jody Lee Beach, Rhonda B Beach. (Holmes, Ronald), 16 REPORT AND RECOMMENDATIONS by Magistrate Judge Laura Fashing re 9 MOTION to Dismiss Bankruptcy Appeal. Objections to R&R due by 7/13/2023. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (cda) Modified as to Document Type on 7/14/2023 (kw). ; adopting Report and Recommendations re 16 Report and Recommendations. by District Judge David H. Urias. (cmm)

Case 1:22-cv-00842-DHU-LF Document 17 Filed 07/17/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
In re:
JODY LEE BEACH
RHONDA B. BEACH,

Bankruptcy Case No. 21-10762-13t

Debtors.
IRON HORSE WELDING, LLC,
Appellant,
USBC Adv. No. 21-1028-T
vs.
USDC No. 1:22-cv-00842-DHU-LF
JODY LEE BEACH and
RHONDA BEACH,
Appellees.
ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended Disposition
(“PFRD”) on June 29, 2023. Doc. 16. 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. Id.
at 3. To date, none of the parties have filed any objections.
IT IS THEREFORE ORDERED AS FOLLOWS:
1.

The Magistrate Judge’s Proposed Findings and Recommended Disposition (Doc.
16) are ADOPTED;

2.

Because Iron Horse has designated the proper portions of the record necessary for
this appeal, the Court DENIES the Beaches’ motion to dismiss with regard to that
issue; and

3.

The Court DENIES without prejudice the Beaches’ motion to dismiss based on
mootness. The Beaches may raise the mootness issue in the merits briefing.

Case 1:22-cv-00842-DHU-LF Document 17 Filed 07/17/23 Page 2 of 2

______________________________________
UNITED STATES DISTRICT JUDGE