Hersey v. WPB Partners, LLC

Filing 30

ORDER: By operation of the provisions of 11 U.S.C. § 362, defendants counterclaim is automatically stayed; granting 29 Attorney Somma's Notice of Attorney Withdrawal, and the bankruptcy trustee in plaintiff's bankruptcy case shall file a motion for substitution of party pursuant to Fed. R. Civ. P. 17, on or before 1/13/2012. So Ordered by Judge Steven J. McAuliffe.(jab)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Mary Hersey, Plaintiff v. Case No. 11-cv-207-SM WPB Partners, LLC, Defendant O R D E R By operation of the provisions of 11 U.S.C. § 362, defendant’s counterclaim is automatically stayed. The bankruptcy trustee in plaintiff’s Bankruptcy Case, No. 11-13342-JMD, United States Bankruptcy Court, District of New Hampshire, shall file a motion for substitution of party pursuant to Fed. R. Civ. P. 17, if the trustee chooses to pursue the case, or an appropriate pleading if not, on or before January 13, 2012. Failure to respond will result in a dismissal without prejudice for failure to prosecute. Attorney Somma's Notice of Attorney Withdrawal, Doc. No. 29, is treated as a motion for leave to withdraw (L.R. 83.6(d)), which motion is granted. SO ORDERED. ____________________________ Steven J. McAuliffe United States District Judge December 5, 2011 cc: Mary Hersey, pro se Edmond J. Ford, Esq. Lawrence Sumski, Trustee 2