Opinion
Case No. 07-22733-11 Adversary No. 09-06052
05-23-2012
In re: E3 BIOFUELS-MEAD, LLC Debtor-in-Possession. E3 BIOFUELS-MEAD, LLC, f/k/a NEBRASKA BIOCLEAN-MEAD, LLC, Plaintiff, v. SKINNER TANK COMPANY, Defendant and Third-Party Plaintiff, v. DILLING MECHANICAL CONTRACTORS, INC., Third-Party Defendant.
Mary C. O'Connell Mary C. O'Connell KS #70038 Randall L. Rhodes KS #15811 Jeffrey D. Rowe KS #23083 Douthit Frets Rouse Gentile & Rhodes, LLC ATTORNEYS FOR PLAINTIFF E3 BIOFUELS- MEAD, LLC AND E3 BIOFUELS, LLC
The relief described hereinbelow is SO ORDERED.
____________________________
United States Bankruptcy Judge
Joint Administration
ORDER TRANSFERRING ACTION TO THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF NEBRASKA, AT OMAHA
Plaintiff E3 Biofuels-Mead, LLC, filed an agreed-upon Amended Motion to Transfer Action (Doc No. 39) to the United States District Court for the District of Nebraska, at Omaha, on April 27, 2012. Upon review of that consent motion, as well as Plaintiff's related Motion to Substitute Parties, Motion to Transfer Action to District Court, and Memorandum in Support - filed on March 23, 2012 - and for good cause shown, the Court hereby sustains Plaintiff's Amended Motion to Transfer Action to the United States District Court for the District of Nebraska, at Omaha. It is hereby ORDERED that the above-captioned action shall be transferred to the United States District Court for the District of Nebraska for hearing and trial by a district judge.
IT IS ORDERED that the Clerk of the United States Bankruptcy Court for the District of Kansas is directed to transfer this action to the Clerk of the United States District Court for the District of Nebraska, at Omaha.
SO ORDERED.
Submitted by:
Mary C. O'Connell
Mary C. O'Connell KS #70038
Randall L. Rhodes KS #15811
Jeffrey D. Rowe KS #23083
Douthit Frets Rouse Gentile & Rhodes, LLC
ATTORNEYS FOR PLAINTIFF E3 BIOFUELS
MEAD, LLC AND E3 BIOFUELS, LLC
CERTIFICATE OF SERVICE
I hereby certify that on April 27, 2012, copies of the foregoing were served via electronic mailed to the following:
Thomas H. Dahlk
Benjamin F. Mann
Husch Blackwell LLP
ATTORNEYS FOR DEFENDANT
SKINNER TANK COMPANY
Russell A. Westerhold Stephen M. Bruckner
Fraser, Stryker, PC, LLO
ATTORNEYS FOR THIRD-PARTY DEFENDANT
DILLING MECHANICAL CONTRACTORS
Mary C. O'Connell
Attorney