The Scoular Company v. 7-H Cattle Feeders, Inc. et al

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: 	JOSEPH PODZEMNY, 	No. 11-09-14226 JL
and
7-H CATTLE FEEDERS, INC.,
Debtors.
THE SCOULAR COMPANY,
Plaintiff,
v. 	Adversary No. 10-1010 J
DALHART CONSUMERS FUEL
ASSOCIATION, INC. and
7-H CATTLE FEEDERS, INC.,
Defendants.
ORDER
In accordance with the Court’s Memorandum Opinion entered herewith, it is ordered that
Dalhart Consumers Fuel Association, Inc.’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction or, Alternatively, for Abstention filed March 1, 2010 is DENIED.
ORDERED FURTHER that the Court abstains from that portion of this adversary
proceeding concerning the dispute between Scoular and Dalhart that is also the subject of the
Texas Action, in accordance with the provisions of 28 U.S.C. § 1334(c)(1).
ORDERED FURTHER that this adversary proceeding is STAYED pending further order
of this Court.
Case 10-01010-j Doc 20 Filed 05/03/10 Entered 05/03/10 17:01:14 Page 1 of 2

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___________________________________
ROBERT H. JACOBVITZ
United States Bankruptcy Judge
Entered on Docket: May 3, 2010
Copies to:
Daniel J Behles
Cuddy & McCarthy, LLP
7770 Jefferson NE, Suite 305
Albuquerque, NM 87109
Attorneys for 7-H Cattle Feeders, Inc.
Steven Heim
Steven T Waterman
Dorsey & Whitney LLP
136 South Main Street, Suite 1000
PO Box 45925
Salt Lake City, UT 84145-0925
Attorneys for The Scoular Company
William J Arland, III
Karla K. Poe
Arland & Associates, LLC
PO Box 1089
Santa Fe, NM 87504-1357
Attorneys for Dalhart Consumers Fuel Association, Inc.
Case 10-01010-j Doc 20 Filed 05/03/10 Entered 05/03/10 17:01:14 Page 2 of 2