Precoat Metals Corp. v. Southeastern Stud & Components, Inc. et al

Filing 14

JUDGMENT that it is the ORDER, JUDGMENT and DECREE of the court: (1) that def Southeastern Stud and Components, Inc. is dismissed and terminated without prejudice to the right of any party to petition to reinstate this def as a party to pursue any cl aim embraced herin 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 act ion against said party; and (3) that any petition for reinstatement must be filed by a party within 60 days after the bankruptcy court has taken such action that entitles that party to seek reinstatement; directing the clerk of court to mail a copy of this order to the bankruptcy court; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 10/29/14. (Attachments: # 1 civil appeals checklist). Furnished to bankruptcy court via electronic notice.(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

PRECOAT METALS CORP.,
Plaintiff,
v.
SOUTHEASTERN STUD &
COMPONENTS, INC., et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv972-MHT
(WO)

JUDGMENT
Defendant Southeastern Stud and Components, Inc.’s
having made a suggestion of bankruptcy (doc. no. 11),
it is the ORDER, JUDGMENT, and DECREE of the court:
(1) That

defendant

Southeastern

Stud

and

Components, Inc. is dismissed and terminated without
prejudice to the right of any party to petition to
reinstate this defendant as a party to pursue any claim
embraced

herein

not

adjudicated

in

proceedings in the bankruptcy court;

or

discharged

by

(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 against said party; and
(3) That

any

petition

for

reinstatement

must

be

filed by a party within 60 days after the bankruptcy
court has taken such action that entitles that party to
seek reinstatement.
The clerk of the court is DIRECTED to mail a copy
of this order to the bankruptcy court.
This case is not closed.
DONE, this the 29th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE