South Win, Inc. v. USU Utility Contractors Co., Inc. et al

Filing 2

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES BANKRUPTCY JUDGE (CASE NUMBER 08-41279;ADVERSARY NO. 08-04112) GRANTING 1 Motion to Withdraw Reference, filed by USU Utility Contractors Co., Inc., Southwin USU, Inc., Stanley Chl ebowski. It is ORDERED that the reference is hereby WITHDRAWN pursuant to 28 USC 157(d) and that this adversary proceeding shall proceed before the US District Court for the Eastern District of Texas. Signed by Judge Richard A. Schell on 2/13/2009. (baf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION IN RE: SOUTH WIN, INC., Debtor § § § § § § § § § § § § § § § §

SOUTH WIN, INC., Plaintiff, v. U.S. UTIILTY CONTRACTOR, CO., INC. SOUTH WIN USU, INC., and STANELY CHLEBOWSKI Defendants.

Case No. 4:08-mc-51

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES BANKRUPTCY JUDGE (CASE NUMBER 08-41279; ADVERSARY NO. 08-04112)

Came on for consideration the Report and Recommendation of the United States Bankruptcy Judge, this matter having been heretofore referred to United States Bankruptcy Judge Brenda T. Rhoades. On December 19, 2008, the Report and Recommendation of the Bankruptcy Judge was entered containing her proposed findings of fact and recommendation that this court should withdraw the reference in this bankruptcy case pursuant to 28 U.S.C. § 157(d) and that this adversary proceeding should proceed to trial by jury before the United States District Court for the Eastern District of Texas. Having received the Report and Recommendation of the United States Bankruptcy Judge,

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and no objections thereto having been timely filed, this court is of the opinion that the findings and conclusions of the Bankruptcy Judge are correct and adopts the same as the findings and conclusions of the court. It is, therefore, ORDERED, ADJUDGED and DECREED that the reference is hereby WITHDRAWN pursuant to 28 U.S.C. § 157(d) and that this adversary proceeding shall proceed before the United States District Court for the Eastern District of Texas. IT IS SO ORDERED. . SIGNED this the 13th day of February, 2009.

_______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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