Combined Insurance Company of America v. Thomas et al

Filing 60

ORDER granting 55 Motion to Stay and for an Extension of Time. This matter is stayed indefinitely. The Clerk is directed to administratively terminate this case. The trial set for October 7, 2013, is cancelled. Plaintiff is directed to file a status report or motion to lift stay no later than October 1, 2014. The Clerk is directed to serve this Order on Debbie Thomas by both regular and certified mail. Signed by Judge Susan Webber Wright on 9/30/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

COMBINED INSURANCE COMPANY
OF AMERICA,
Plaintiff,
vs.
DAVID W. THOMAS and
DEBBIE L. THOMAS,
Defendants.

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No. 3:12CV00254 SWW

Order
Before the Court is plaintiff’s motion to stay proceedings indefinitely as to separate defendant
David W. Thomas.1 Plaintiff states its claims against Debbie L. Thomas already have been
automatically and indefinitely stayed as a result of a bankruptcy petition she filed on September 9,
2013.2
Plaintiff also moves the Court for an extension of time to file a motion to substitute following
the death of a party. Rule 25(a)(1) of the Federal Rules of Civil Procedure provides that such a motion
must be made “within 90 days after service of a statement noting the death.” Because plaintiff,
through not fault of its own, has been unable to identify the appropriate successor to David Thomas,
the Court will grant its motion for an extension of time for filing a motion to substitute a proper party

1

Plaintiff filed this motion on September 16, 2013, and, according to Local Rule 7.2, Debbie
Thomas has 14 days from the date of service to respond. However, neither defendant has filed a response
to anything filed in this case since the Court granted their attorney’s motion to withdraw on May 13,
2013. Because the case is set for trial next week, the Court determined to enter this Order without waiting
the full 14 days for a response from Debbie Thomas.
2

Separate defendant Debbie Thomas failed to file a notice of bankruptcy with this Court pursuant
to Local Rule 2072-1 of the United States Bankruptcy Court for the Eastern and Western Districts of
Arkansas. However, plaintiff attached a notice of bankruptcy she served on it. See ECF No. 58, Ex. A.

for him.
IT IS THEREFORE ORDERED that the motion to stay and for an extension of time [ECF No.
55] is hereby granted. This matter is stayed indefinitely. The Clerk is directed to administratively
terminate this case. The trial set to begin October 7, 2013, is cancelled. Plaintiff is directed file a
status report or motion to lift the stay no later than October 1, 2014.
The Clerk is directed to serve this Order on Debbie Thomas by both regular and certified mail,
return receipt requested.
SO ORDERED this 30th day of September, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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