First Franchise Capital Corporation v. PRP, Inc. et al

Filing 85

Order for plaintiff First Franchise Capital Corp. to file a status report as set out. ( Status Report due by 11/22/2011.). Signed by Judge Kristi K. DuBose on 10/31/2011. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FIRST FRANCHISE CAPITAL CORP., Plaintiff, ) ) v. ) PRP, INC., et al, ) Defendants. CIVIL ACTION NO. 09-800-KD-B ) ORDER This action is before the Court on sua sponte review of its docket. This action was filed against five defendants: PRP, Inc.; Jefferson G. Calhoun; PRP of Mississippi, Inc.; J & J of Alabama, Inc.; and Jonathan P. Parnell. Since that time, PRP, Inc. filed bankruptcy and this action is stayed as to PRP (doc. 23); Calhoun filed bankruptcy and this action is stayed as to Calhoun (doc. 52); PRP of Mississippi, Inc. was dismissed from this action (doc. 51); a default judgment was obtained against J & J of Alabama, Inc. (docs. 68, 69); and Parnell filed bankruptcy and this action is stayed as to Parnell (doc. 60). Since the three remaining defendants - PRP, Calhoun, and Parnell - filed bankruptcy, this entire action remains stayed pursuant to 11 U.S.C. § 362. Accordingly, plaintiff First Franchise Capital Corporation, is ORDERED to file, on or before November 22, 2011, a status report as to whether plaintiff’s claims against the remaining three defendants have been resolved in bankruptcy, whether this action may be closed, or whether any of the remaining defendants may be dismissed from this action. DONE and ORDERED this 31st day of October, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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