Trailer Source Inc. v. Hyundai Translead, Inc.

Filing 14

ORDER: For the reasons expressed in the accompanying Memorandum, the Motion to Withdraw the Reference to the Bankruptcy Court and to Modify the Automatic Stay filed by Hyundai Translead, Inc. ("Hyundai") 1 is GRANTED IN PART and DENIED IN PART. The court hereby withdraws the reference to the bankruptcy court of Hyundai's Motion to Modify the Automatic Stay. The proposed counterclaims filed by Hyundai in Case No. 3:04-0582 (Case No. 3:04-0582, Docket No. 131, Ex. 1) are hereby de emed incorporated into Hyundai's Answer and Affirmative Defenses (Case No. 3:04-0582, Docket No. 131), and all proceedings relating to Hyundai's counterclaims shall be STAYED. Proceedings under Case No. 3:10-cv-00148 are hereby CLOSED. This Order shall constitute the judgment in this case. It is so Ordered. Signed by District Judge Aleta A. Trauger on 3/29/10. (reg & cert mail to pltf along w/Memorandum 13 ) (tmw) Modified text on 3/29/2010 (tmw).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION TRAILER SOURCE, INC., Debtor, v. HYUNDAI TRANSLEAD, INC., Creditor. ) ) ) ) ) ) ) ) ) ORDER For the reasons expressed in the accompanying Memorandum, the Motion to Withdraw the Reference to the Bankruptcy Court and to Modify the Automatic Stay filed by Hyundai Translead, Inc. ("Hyundai") (Docket No. 1) is GRANTED IN PART and DENIED IN PART. The court hereby withdraws the reference to the bankruptcy court of Hyundai's Motion to Modify the Automatic Stay. The proposed counterclaims filed by Hyundai in Case No. 3:040582 (Case No. 3:04-0582, Docket No. 131, Ex. 1) are hereby deemed incorporated into Hyundai's Answer and Affirmative Defenses (Case No. 3:04-0582, Docket No. 131), and all proceedings relating to Hyundai's counterclaims shall be STAYED. Proceedings under Case No. 3:10-cv-00148 are hereby CLOSED. This Order shall constitute the judgment in this case. It is so Ordered. Entered this 29th day of March 2010. _____________________________ ALETA A. TRAUGER United States District Judge Case No. 3:10-cv-00148 Judge Trauger

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