Estate of Frank McDevitt v. City of Prichard, AL et al

Filing 30

Order entered that this matter is before the Court on Defendant City of Prichard, Alabamas Notice of Bankruptcy 29 , in which said defendant represents to the Court that it has filed a voluntary petition seeking Chapter 9 bankruptcy protection. Purs uant to 11 U.S.C. § 362, the filing of a bankruptcy petition operates as stay; thus, this litigation is STAYED with regards to Plaintiffs claims against Defendant City of Prichard, Alabama. Nothing contained in this Order shall be considered a d ismissal or disposition of this matter as to Defendant City of Prichard, Alabama. Moreover, this stay shall have no effect upon Plaintiffs claims against the remaining defendants, and this action shall proceed as to those defendants. Further, Plaintiff is ORDERED to file a status report regarding Defendant City of Prichard's bankruptcy proceedings on or before January 11, 2010. Signed by Judge Kristi K. DuBose on 11/3/09. (mca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ESTATE OF FRANK MCDEVITT, Plaintiff, v. CITY OF PRICHARD, ALABAMA, et al., Defendants. ) ) ) ) ) ) )

Civil Action No. 09-415-KD-C

ORDER This matter is before the Court on Defendant City of Prichard, Alabama's "Notice of Bankruptcy" (Doc. 29), in which said defendant represents to the Court that it has filed a voluntary petition seeking Chapter 9 bankruptcy protection under the United States Bankruptcy Code (11 U.S.C. § 101 et seq.) in the United States Bankruptcy Court for the Southern District of Alabama (Civil Case No. 09-15000). Pursuant to 11 U.S.C. § 362, the filing of a bankruptcy petition operates as stay; thus, this litigation is STAYED with regards to Plaintiff's claims against Defendant City of Prichard, Alabama. Nothing contained in this Order shall be considered a dismissal or disposition of this matter as to Defendant City of Prichard, Alabama. Moreover, this stay shall have no effect upon Plaintiff's claims against the remaining defendants, and this action shall proceed as to those defendants. Further, Plaintiff is ORDERED to file a status report regarding Defendant City of Prichard's bankruptcy proceedings on or before January 11, 2010. DONE and ORDERED this the 3rd day of November 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE