Goldsby v. Renosol Seating, LLC

Filing 82

Order denying 79 MOTION for Scheduling Order, with leave to re-file upon obtaining relief from the stay from the Bankruptcy Court. In the event that an order granting relief from the stay is not entered, the parties are ORDERED to file a joint status report by 6/20/2011. Signed by Judge Kristi K. DuBose on 4/21/2011. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
SHERRY GOLDSBY, on behalf of
herself and all others similarly situated
Plaintiffs,
v.
RENOSOL SEATING, LLC
Defendant.

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CIVIL ACTION NO. 2:08-00148-KD-N

ORDER
This action is before the Court on plaintiffs’ status report and motion for scheduling order
and defendant’s response (docs. 79, 81). In the motion, plaintiffs assert that because the
bankruptcy plan of Lear Corporation was confirmed on November 5, 2009, the automatic stay is
lifted, and this action should be returned to the active trial docket and a scheduling order entered.
Defendant responds that the parties are preparing a joint stipulation and an agreed order granting
relief from the stay to submit to the Bankruptcy Court and that following entry of an order from
the Bankruptcy Court, the parties will request entry of a scheduling order from this court.
Accordingly, plaintiffs’ motion for scheduling order is DENIED with leave to re-file
upon obtaining relief from the stay from the Bankruptcy Court.
In the event that an order granting relief from the stay is not entered, the parties are
ORDERED to file a joint status report on or before June 20, 2011.
DONE and ORDERED this the 21st day of April, 2011.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE