Williams v. Cagle's, Inc.
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/22/2014. (JLC)
2014 Apr-22 PM 01:47
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
) Case No.: 4:13-CV-2266-VEH
On April 3, 2014, the undersigned set aside the entry of default in this case
The complaint in this case was filed on December 17, 2013, and
alleges a violation of the Family Medical Leave Act, 29 U.S.C. § 2601,
et seq., which allegedly occurred in May of 2012. (Doc. 1 at 2-4). The
Confirmation Order issued by the Bankruptcy Court on October 19,
2012, contains an injunction prohibiting “all Persons who have held,
hold, or may hold Claims against or interests in [Liquidation]1 . . . from
. . . commencing . . . any action or other proceeding of any kind against
[Liquidation] with respect to any such Claim or Interest.” (Doc. 18-1 at
31). Thus, it appears as if the plaintiff’s claim is barred by the
Further, Harding stated in his declaration that the plaintiff has not
filed any claims against the estate. (Doc. 19-1 at 3). Accordingly it
CGLA Liquidation, Inc. (“Liquidation”) is the new entity formerly known as Cagle’s,
appears that the plaintiff’s claim may be administratively barred as well.
[T]he plaintiff shall SHOW CAUSE, within 7 days, why this case
should not be dismissed as administratively barred, and/or enjoined by
the bankruptcy court.
(Doc. 22 at 11-12). The time for responding to this court’s order has now expired and
no response has been filed by the plaintiff.
The plaintiff has failed to show why her case should not be dismissed as being
filed in violation of the injunction issued by the bankruptcy court, and/or because she
did not file a proof of claim2 with the bankruptcy court. Under the circumstances, the
court determines that this case should be DISMISSED without prejudice. Any
As has been noted:
When a debtor files a bankruptcy petition, creditors may file a “proof of
claim.” 11 U.S.C. § 501(a). Once a proof of claim is filed it will be deemed
allowed, unless a party in interest objects to such claim. 11 U.S.C. § 502(a).
When an objection is made, the court, “after notice and a hearing,” will determine
the amount of the claim and shall allow it, “except to the extent that ... such proof
of claim is not timely filed.” 11 U.S.C. § 502(b)(9). Bankruptcy Rule 3002(c)
provides that to be timely filed, a proof of claim must be filed within 90 days after
the first date set for the meeting of creditors, but that a proof of claim by a
governmental unit—such as the IRS—may be filed within 180 days after the “date
of the order for relief,” which in a Chapter 13 case is the petition filing date. Fed.
R. Bankr.Proc. 3002(c)(1); 11 U.S.C. § 301(b).
In re Adams, 502 B.R. 645, 646 (Bankr. N.D. Ga. 2013) (footnotes omitted). In this case no
claim, timely or otherwise, was filed by the plaintiff. The plaintiff has failed to show why, under
these circumstances, the claim she asserts in this case should be allowed.
party may reopen the case, upon good cause shown, to address any issue not resolved
by the bankruptcy court, and which is not barred by, or barred as a result of, the
proceedings in the bankruptcy court. A separate order will be entered.
DONE and ORDERED this 22nd day of April, 2014.
VIRGINIA EMERSON HOPKINS
United States District Judge
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