Durango & Silverton Narrow Gauge Railroad, Inc. v. Motive Power & Equipment Solutions, Inc. et al
| Durango & Silverton Narrow Gauge Railroad, Inc. |
| Motive Power & Equipment Solutions, Inc. and David E Wilkerson |
| 6:2022cv00522 |
| February 18, 2022 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Other Statutes: Arbitration |
| 28 U.S.C. ยง 1331 |
| None |
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| Filing 12 ***DOCUMENT E-MAILED 10 Text Order, with #1 MOTION for Temporary Restraining Order, #3 Certificate of Service, #5 Notice of Appearance, #7 Suggestion of Bankruptcy, 9 Notice of Change of Case Number, and public docket sheet to bankruptcy court clerk's office: appeals@scb.uscourts.gov. (kmca) Modified on 2/18/2022: to add text (public docket sheet) (kmca). |
| Filing 10 TEXT ORDER: On February 16, 2022, Plaintiff Durango & Silverton Narrow Gauge Railroad, Inc. initiated this action by filing a motion for a temporary restraining order in aid of arbitration. (ECF No. #1 ). The next day, defense counsel appeared and filed a suggestion of bankruptcy on behalf of Defendants Motive Power & Equipment Solutions, Inc. and David E. Wilkerson. (ECF Nos. #5 , #7 ). Although no party has raised this issue, the court notes that Local Civil Rule 83.IX.01 provides "all cases under Title 11 and all proceedings... related to a case under Title 11" shall be automatically referred to the bankruptcy judges for this district. Local Civ. Rule 83.IX.01 (D.S.C.); see also In re Standing Order Concerning Title 11 Proceedings Referred Under Local Civil Rule 83.IX.01, No. 3:13-mc-00471-TLW, Dkt. No. 1 (D.S.C. Dec. 5, 2013); In re Legacy Dev. SC Grp., LLC, No. 4:16-CV-00300-RBH, 2016 WL 7324678, at *5 (D.S.C. Dec. 16, 2016). This policy is further stated on the District of South Carolina website at https://www.scd.uscourts.gov/Filing/bankruptcy.asp. Accordingly, because it is apparent from the suggestion of bankruptcy (ECF No. #7 ) as well as Plaintiff's motion for a temporary restraining order (ECF No. #1 ) that this action is closely related to Defendants' bankruptcy petition, the Clerk of Court is hereby directed to REFER this case along with all filings therein to the Bankruptcy Court. Should any matters in this case fall outside the jurisdiction of the Bankruptcy Court to enter a final judgment, the Bankruptcy Court shall issue proposed findings of fact and conclusions of law to be reviewed de novo by this Court in accordance with Stern v. Marshall, 564 U.S. 462 (2011), and Exec. Benefits Ins. Agency v. Arkison, 134 S. Ct. 2165 (2014), and their progeny. The Bankruptcy Court has the authority to conduct jury trials pursuant to 28 U.S.C. 157(e) and Local Civil Rule 83.IX.03. As this matter in its entirety has been referred to the Bankruptcy Court, the Clerk is directed to terminate this civil case. Entered at the direction of the Honorable Timothy M Cain on 2/18/22. (kmca) |
| Filing 9 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case Number 6-mc-22-96-TMC to 6-22-cv-522-TMC. Please make a note of this for all future filings as well as Judge's preferences. (kmca) |
| Filing 7 SUGGESTION OF BANKRUPTCY Upon the Record by Motive Power & Equipment Solutions, Inc.. (Attachments: #1 Exhibit - Notice of Bankruptcy Case Filing)Associated Cases: 6:22-mc-00096-TMC, 6:22-mc-00097-TMC(Skinner, Randy) Modified on 2/18/2022: to add description to exhibit (kmca). |
| Filing 6 DELETION OF DOCKET ENTRY NUMBER #4 Notice of Appearance. Reason: duplicate filing filed in wrong case. (kmca) |
| Filing 5 NOTICE of Appearance by Randy Allen Skinner on behalf of Motive Power & Equipment Solutions, Inc., David E Wilkerson Associated Cases: 6:22-mc-00096-TMC, 6:22-mc-00097-TMC(Skinner, Randy) (Main Document 5 replaced on 2/18/2022: to replace with corrected document (typo) as provided by filing user) (kmca). |
| Filing 3 CERTIFICATE OF SERVICE by Durango & Silverton Narrow Gauge Railroad, Inc. re #1 MOTION for Temporary Restraining Order (Matthews, Steve) |
| Filing 1 MOTION for Temporary Restraining Order in Aid of Arbitration (Filing fee $49 receipt number ASCDC-10342567) by Durango & Silverton Narrow Gauge Railroad, Inc. Response to Motion due by 3/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Verified Demand for Arbitration, #2 Proposed Order)No proposed order.(rweb, ) Modified on 2/17/2022: to add text (fee and receipt #) (kmca). |
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