Sullivan v. Clyde Bergemann, Inc.

Filing 20

Order construing 19 Status Report filed by Eugene Sullivan to be a motion to lift stay. The stay is lifted and Appellant is to file his reply brief by 12/19/11. ( Appellant Reply Brief due by 12/19/2011.). Signed by Judge Kristi K. DuBose on 12/7/2011. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: ) EUGENE SULLIVAN, ) Appellant, ) v. ) CLYDE BERGEMAN, INC., d/b/a Anthony-Ross Company, ) Appellee. ) Civil Action No. 1:11-00384-KD-N ORDER This action is before the Court on the parties’ First Amended Joint Status Report wherein they report that the Bankruptcy Court has lifted the automatic stay for the limited purpose of allowing this appeal to proceed. (Doc. 19). The Court shall construe this Report as a motion to lift the stay entered in this action. Accordingly, the motion is GRANTED, the stay is lifted, and this action is returned to the active docket of this Court. Further, the docket indicates that Appellee Clyde Bergeman, Inc., d/b/a Anthony-Ross Company, has filed its response to the Appellant’s brief (doc. 16) and the parties report that they agree to allow Appellant Sullivan until December 19, 2011 to file his reply brief. Therefore, Appellant may file his reply brief on or before December 19, 2011, as agreed. DONE and ORDERED this 7th day of December, 2011. s/Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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