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11-5009 - Midwest Renewable Energy v. Western Biomass Energy et al(DO NOT FILE DOCUMENTS IN CASE AS TO KL PROCESS AND KL ENERGY PER FILING #44)


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11-5009 - Midwest Renewable Energy v. Western Biomass Energy et al(DO NOT FILE DOCUMENTS IN CASE AS TO KL PROCESS AND KL ENERGY PER FILING #44)
August 3, 2012
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before the Honorable Lyle E. Strom and a jury. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )AMENED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - IT IS ORDERED: The parties' Stipulation for Continuance (Filing No. 28) is adopted to the extent the February 1, 2012, Order Setting Final Schedule for Progression of Case (Filing No. 16) is amended as set forth in this Order. The Final Pretrial Conference with the undersigned magistrate judge is set for April 15, 2013, at 10:00 a.m. C.D.T. by telephone. Trial is set to commence May 13, 2013, in North Platte, Nebraska,
December 3, 2012
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ORDER - IT IS ORDERED: Pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. § 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska. This case shall be terminated for statistical purposes by the Clerk of the Court for the District of Nebraska. The Clerk of the Court for the District of Nebraska shall furnish the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
January 16, 2013
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REPORT AND RECOMMENDATION - The automatic stay of 11 U.S.C. § 362 protects the debtor from any attempts to collect a debt from it, but the non-debtor defendants do not enjoy the same protection. Therefore, I respectfully recommend to the United States District Court for the District of Nebraska that it withdraw the reference of this adversary proceeding to proceed with the litigation against KL Process Design Group, KL Energy Corp., and Randall P. Kramer, while staying the case as to the party in bankruptcy until the automatic stay is no longer in effect or until relief from the automatic stay is requested and obtained from the Wyoming bankruptcy court. (Attachments: # (1) Transmittal Letter)Ordered by Chief Judge Thomas L. Saladino. (TCL )
February 14, 2013
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ORDER - IT IS ORDERED: The reference of adversary proceeding A12-4097 is withdrawn from the bankruptcy court pursuant to NELR 76.1(b)(1). Plaintiff's counsel shall initial a conference call with Magistrate Judge Thomas D. Thalken on: Thursday, February 28, 2013, at 10:30 a.m. Telephone number: (402) 661-7343 -- at which time the plaintiff and the remaining defendants shall advise the Court how they intend to proceed with this action. Ordered by Senior Judge Lyle E. Strom. (TCL )
May 14, 2013
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MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's counsel will contact defendant Kramer's South Dakota counsel in the companion case to determine how this court should proceed with scheduling a settlement conference. The settlement conference in this case is continued pending receipt of further information from plaintiff's counsel and an additional scheduling order from this court. Defendant KL Energy Corporation shall file a Suggestion of Bankruptcy in this case, and shall immediately advise this court if the bankruptcy stay for this litigation is lifted. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL )
May 29, 2013
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ORDER cancelling settlement conference as to all parties.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 29, 2013
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ORDER - IT IS ORDERED: Pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. § 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska. This case shall be stayed as to defendants KL Process and KL Energy. The Clerk of the Court for the District of Nebraska shall furnish the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Plaintiff's counsel shall initiate a conference call with the undersigned judge on June 7, 2013, at 10:00 a.m. at which time the plaintiff and the remaining defendant, Randall P. Kramer, will inform the court how they intend to proceed with this action. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
July 3, 2013
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REPORT AND RECOMMENDATION - The automatic stay of 11 U.S.C. § 362 protects the debtor from any attempts to collect a debt from it, but the non-debtor defendants do not enjoy the same protection. Therefore, I respectfully recommend to the United States District Court for the District of Nebraska that it withdraw the reference of this adversary proceeding to proceed with the litigation against the parties not in bankruptcy, while staying the case as to the party in bankruptcy until the automatic stay is no longer in effect or until relief from the automatic stay is requested and obtained from the Nevada bankruptcy court. (Attachments: # (1) Transmittal Letter) Ordered by Chief Judge Thomas L. Saladino. (Copy mailed to pro se party)(TCL )
September 25, 2013
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ORDER - IT IS ORDERED: The reference of adversary proceeding A12-4028 is withdrawn from the bankruptcy court. Plaintiff's counsel shall advise the Court, in writing, on or before October 18, 2013, whether it intends to proceed against the parties not in bankruptcy, while the case is stayed as to the party in bankruptcy or intends to wait until relief from the automatic stay is requested and obtained from the Nevada bankruptcy Court. Ordered by Senior Judge Lyle E. Strom. (TCL )
May 28, 2014
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party in bankruptcy or intends to wait until relief from the automatic stay is requested and obtained from the Nevada bankruptcy Court. Ordered by Senior Judge Lyle E. Strom. (ADB)ORDER that the plaintiff shall advise the Court, in writing, on or before June 6, 2014, as to the status of the bankruptcy proceedings and whether plaintiff intends to proceed against the parties not in bankruptcy, while the case is stayed as to the
June 11, 2014
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ORDER granting 53 Motion to Withdraw as Attorney. Terrance O. Waite, Angela M. Franz and the law firm of Waite, McWha & Heng are deemed withdrawn as counsel of record for KL Energy Corp., KL Process Design Group, and Western Biomass Energy, LLC. Ordered by Senior Judge Lyle E. Strom. (ADB)
November 6, 2014
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ORDER that the plaintiff shall advise the Court, in writing, on or before December 1, 2014, as to the status of the bankruptcy proceedings and whether plaintiff intends to proceed against the parties not in bankruptcy, while the case is stayed as to the party in bankruptcy or intends to wait until relief from the automatic stay is requested and obtained from the Nevada bankruptcy Court. Ordered by Senior Judge Lyle E. Strom. (ADB)
December 10, 2014
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ORDER that the plaintiff shall advise the Court, in writing, on or before June 1, 2015, as to the status of the bankruptcy proceedings and whether plaintiff intends to proceed against the parties not in bankruptcy, while the case is stayed as to the party in bankruptcy, or intends to wait until relief from the automatic stay is requested and obtained from the Nevada bankruptcy Court. ( Case Management Deadline set for 6/1/2015.) Ordered by Senior Judge Lyle E. Strom. (MLF, )
December 2, 2015
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ORDER regarding Status Report 58 filed by Midwest Renewable Energy. It is ordered that the plaintiff shall advise the Court, in writing, on or before January 1, 2016, as to the status of the bankruptcy proceedings and whether plaintiff intends to proceed against the parties not in bankruptcy, while the case is stayed as to the party in bankruptcy, or intends to wait until relief from the automatic stay is requested and obtained from the Nevada bankruptcy Court. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF) Modified on 12/2/2015 to include mailing to pro se party (KLF).
February 5, 2016
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ORDER that the plaintiff shall advise the Court, in writing, on or before March 1, 2016: 1) The status of the bankruptcy proceedings. 2) Whether plaintiff intends to proceed against the parties not in bankruptcy, while the case is stayed as to the party in bankruptcy. 3) If the bankruptcy proceedings have been terminated, why this action should not be dismissed for lack of prosecution. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)
March 2, 2016
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ORDER that plaintiff's motion to dismiss 62 is granted; this action is dismissed without prejudice. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)