Whitney National Bank v. Highway Solutions, LLC et al

Filing 63

ORDER, JUDGMENT and DECREE of the court: (1) that defs, Michael C. Marcato and Anne S. Marcato, are hereby DISMISSED without prejudice from the above-styled case; any party has the right to petition to reinstate this action to pursue any claim embrac ed herein not adjudicated in or discharged by proceedings in the bankruptcy court; (2) that such reinstatement, if and when allowed, will cause the filing date of any claim so reinstated to relate back to the original filing date of this action; (3) that any petition for reinstatement must be filed by a party within 60 days after the bankruptcy court has take such action that entitles that party to seek reinstatement; and (4) the clerk is directed to mail a copy of this order to the bankruptcy court. Signed by Honorable Ira De Ment on 10/7/10. (Attachments: # 1 civil appeals checklist)(djy, )

Whitney National Bank v. Highway Solutions, LLC et al

Doc. 63

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION W H IT N E Y NATIONAL BANK, P la in tiff, v. H IG H W A Y SOLUTIONS, LLC; M IC H A E L C. MARCATO and A N N E S. MARCATO, D e fe n d a n ts . ) ) ) ) ) ) ) ) ) ) )

C a s e No. 2:07-CV-0415-ID (W O )

ORDER
O n September 20, 2010, this Court entered an Order directing the parties to show c a u s e on or before October 4, 2010 why Defendants Michael C. Marcato and Anne S. M a rc a to should not be dismissed from the case without prejudice. (Doc. # 62). Neither the P la in tiff nor any of the Defendants filed a response to that Order. Accordingly, the D e fe n d a n ts , Michael C. Marcato and Anne S. Marcato, having received an order of discharge in bankruptcy, it is the ORDER, JUDGMENT, and DECREE of the Court: 1. That Defendants, Michael C. Marcato and Anne S. Marcato, are hereby

D IS M IS S E D without prejudice from the above-styled case. Any party has the right to p e titio n to reinstate this action to pursue any claim embraced herein not adjudicated in or d is c h a rg e d by proceedings in the bankruptcy court; 2 . That such reinstatement, if and when allowed, will cause the filing date of any c la im so reinstated to relate back to the original filing date of this action;

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3. That any petition for reinstatement must be filed by a party within 60 days after the b a n k ru p tc y court has taken such action that entitles that party to seek reinstatement; and; 4. The Clerk of the Court is DIRECTED to mail a copy of this order to the b a n k ru p tc y court. D O N E this the 7th day of October, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE