David's Auto Shredding, Inc. v. The Shredder Company, LLC et al

Filing 42

Order re: 41 Status Report filed by David's Auto Shredding, Inc.. The stay of this action shall continue in effect until Monday, July 11, 2011. In the event that this action is not transferred to the Bankruptcy Court, the parties are ordered to meet and file, by 8/17/201, a report of parties planning meeting. Signed by Judge Kristi K. DuBose on 7/1/2011. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID=S AUTO SHREDDING , INC.,
Plaintiff,
v.
THE SHREDDER COMPANY, LLC and
ALFRED SCOTT NEWELL II,
Defendants.

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Civil Action No. 08-0410-KD-B

ORDER
This action is before the Court on the status report filed June 29, 2011, by Plaintiff
David=s Auto Shredding, Inc. (doc. 41). Plaintiff reports that pursuant to its Fourth Amended
Plan of Reorganization, it has retained all claims and causes of action against all persons,
companies or entities, and this case may proceed. However, Plaintiff seeks a delay of ten (10)
days to determine whether to move for transfer of this action to the Bankruptcy Court. Plaintiff
states that the Plan contains a reservation of jurisdiction in the Bankruptcy Court to enforce all
causes of action on behalf of the Plaintiff as the Debtor.
Accordingly, the stay of this action shall continue in effect until Monday, July 11,
2011. In the event that this action is not transferred to the Bankruptcy Court, the parties are
ordered to meet and file, on or before August 17, 2011, a report of parties planning meeting
pursuant to Rule 26(f) of the Federal Rules of Civil Procedure.
DONE and ORDERED this 1st day of July, 2011.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE