Sterling Bank v. Caesarea-Millbrook, LLC et al

Filing 95

ORDERED as follows: 1. This case is hereby STAYED pending the resolution of the bankruptcy proceedings of A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge. 2. On or before May 20, 2016, the parties shall file a joint status report concerning the bankruptcy proceedings involving A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge. Signed by Honorable Judge W. Harold Albritton, III on 11/20/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOSEPH L. HERROD and, CAESAREADEVELOPMENT, LLP,
Plaintiffs,
v.
JACKSON HEALTH, INC.; DONALD P.
BROBST; C. DENNIS WOOLDRIDGE; A.
CHANDLER MULLER; JACKSON
HOSPITAL & CLINIC, INC.; PRIMARY
PHYSICIANS, INC.,
Defendants.

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Civil Action No. 2:15cv152-WHA
(wo)

ORDER
This cause is before the court on the Suggestions of Bankruptcy of A. Chandler Muller,
Donald P. Brobst, and C. Dennis Wooldridge. In light of the suggestions of bankruptcy, the court
asked the parties for their position on whether the entire case should be stayed. In their responses,
A. Chandler Muller, Donald P. Brobst, C. Dennis Wooldridge, Jackson Hospital & Clinic, Inc. and
Jackson Health, Inc. have taken the position that the entire case should be stayed, while Joseph L.
Herrod and Caesarea-Development, LLP request that the entire action not be stayed, but only the
claims against the debtors be stayed.
The filing of the Chapter 7 bankruptcy resulted in an automatic stay of any pending claims
against Muller, Brobst, and Wooldridge pursuant to 11 U.S.C. §362. Even though the automatic
stay does not operate as to other claims in this case, including the interplead funds, those other
claims involve common questions of law and fact with the claims subject to the automatic stay. In
the interest of judicial economy and the avoidance of piecemeal litigation, the court concludes that
it is appropriate to stay the entire case. Peterson v. Avantair, Inc., No. 8:13–CV–1683–T–33EAJ,

2013 WL 4506414 (M.D. Fla. Aug. 23, 2013).
Accordingly, it is hereby ORDERED as follows:
1. This case is hereby STAYED pending the resolution of the bankruptcy proceedings of
A. Chandler Muller, Donald P. Brobst, and C. Dennis Wooldridge.
2. On or before May 20, 2016, the parties shall file a joint status report concerning the
bankruptcy proceedings involving A. Chandler Muller, Donald P. Brobst, and C.
Dennis Wooldridge.

Done this 20th day of November, 2015.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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