MC-UA Local 119 Health and Welfare Fund et al v. Air Comfort Company, Inc. et al

Filing 66

ORDER granting 63 Motion to Stay as to defendant Air Comfort, having filed bankruptcy protection. This stay does not effect Plaintiff's claims against defendant, Stanley Small. Plaintiffs to provide a status report on or before 8/11/11. Signed by Judge Kristi K. DuBose on 4/11/2011. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MC-UA LOCAL 119 HEALTH & WELFARE FUND, et al., Plaintiffs, v. AIR COMFORT CO., INC. and STANLEY SMALL, individually, Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 10-00119-KD-C ORDER This matter is before the Court on Defendant Air Comfort Co., Inc.’s “Motion to Stay” (Doc. 63) and Plaintiffs’ response (Doc. 64). Defendant Air Comfort Co., Inc. (“Air Comfort”) has notified the Court that it has filed for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Alabama, Case No. 11-01178. Accordingly, it is ORDERED that this civil action is STAYED as to Defendant Air Comfort pursuant to 11 U.S.C. § 362, due to the pendency of the bankruptcy proceedings. It is further ORDERED that Plaintiffs provide this Court with a status report on or before August 11th, 2011. This stay has no effect upon Plaintiffs’ claims against the remaining defendant, Stanley Small, and this case shall proceed as to this defendant. DONE and ORDERED this the 11th day of April 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1

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