PNC Bank, National Association v. Tippy Contracting, LLC et al

Filing 30

ORDER STAYING CASE pending further order of the Court. Ekaterina V. Tippy is ORDERED to notify court in writing within 7 days of either the issuance of relief from automatic stay or the dismissal or other cessation of the bankruptcy proceedings and is also to file a written report reflecting status of bankruptcy matter every 90 days with the first report due 5/7/14. Signed by Magistrate Judge William E. Cassady on 2/28/2014. (srr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PNC BANK, NATIONAL ASSOCIATION, :
SUCCESSOR TO RBC BANK (USA),
SUCCESSOR TO RBC CENTURA BANK, :
Plaintiff,
v.

:
:

CA 13-00359-C

TIPPY CONTRACTING, LLC,
:
THOMAS RICHARD TIPPY, III, A/K/A
T. RICHARD TIPPY, III, and EKATERINA :
V. TIPPY,

Defendants.

:
ORDER

This matter comes before the Court on the Suggestion of Bankruptcy (Docs. 26
and 27) filed by the Plaintiff and Defendant, Ekaterina V. Tippy, as well as the parties’
report as to whether this matter should be stayed with respect to all parties (Doc. 29).
On February 7, 2014, the Defendant, Ekaterina V. Tippy, filed a bankruptcy proceeding
(Case No. 14-00351) in the United States Bankruptcy Court for the Southern District of
Alabama under Chapter 7 of Title 11 of the United States Code. (Docs. 26 and 27.)
Accordingly, on February 18, 2014, the Court entered an order staying this matter with
respect to Ekaterina V. Tippy. (Doc. 28.) The undersigned also directed the parties to
confer and file a report indicating whether this action should be stayed with respect to
all parties. (Id.) On February 27, 2014, the parties filed a report stating as follows:
The parties agree that a stay of the action as to Tippy Contracting, LLC,
and Thomas Richard Tippy, III, pending resolution of the bankruptcy case
of Ekaterina V. Tippy would be in the interests of the parties and the
Court and would promote the conservation of the parties and the Court’s
time and resources. It would also avoid the potential for inconsistent and
piecemeal determination of the issues and claims involved in the action.
(Doc. 29.)
Based on the representations by the parties in their report (id.) and the fact that

this matter is already stayed as to Ekaterina V. Tippy (doc. 28), it is hereby ORDERED
that this action is STAYED in its entirety pending further order of the Court. Ekaterina
V. Tippy is ORDERED to notify the Court in writing within seven (7) calendar days of
either the issuance of relief from the automatic stay or the dismissal or other cessation of
the bankruptcy proceedings.

To keep the Court apprised as to the bankruptcy

proceedings, Ms. Tippy is further ORDERED to file a written report reflecting the
status of the bankruptcy matter every ninety (90) days, with the first such report due on
May 7, 2014.
DONE and ORDERED this the 28th day of February 2014.

s/WILLIAM E. CASSADY
UNITED STATES MAGISTRATE JUDGE

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