Richardson v. Gardner et al

Filing 89

ORDER staying this case in its entirety until further order; the Medical Defendants must file a status report within 60 days of the date of this Order, and every 60 days thereafter, to advise the Court of the status of the bankruptcy proceedings; and if plaintiff or a non-debtor defendant wishes to file a motion for relief from stay the motion must be filed with the Bankruptcy Court for the Southern District of Texas. Signed by Magistrate Judge Jerome T. Kearney on 1/27/2025. (jak)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ANGELA SCHUNCEY RICHARDSON ADC # 712575 v. PLAINTIFF 3:23CV00119-KGB-JTK CHARLOTTE GARDNER, et al. DEFENDANTS ORDER On January 16, 2025, Defendants Charlotte Gardner, Joe Hughes, and Jamie Campbell (the “Medical Defendants”) filed a Suggestion of Bankruptcy and Notice of Stay of these proceedings due to the bankruptcy filing by Wellpath Holdings, Inc., and related entities (Doc. No. 88). See In re Wellpath Holdings, Inc., et al., Case No. 24-90533 (Bankr. S.D. Tex) (the “Wellpath Bankruptcy”). The Bankruptcy Court’s amended order enforcing the automatic stay on an interim basis extends the automatic stay to certain non-debtors, including Defendants Gardner, Hughes, and Campbell. (Doc. No. 88-2). And the Court has discretion to stay to Plaintiff Angela Schuncey Richardson’s related claims against Defendants Jeannie Long and Carl Whitelaw. Sierra Club v. U.S. Army Corps of Eng’rs, 446 F.3d 808, 816 (8th Cir. 2006). Accordingly, this action is STAYED in its entirety until further order. The Medical Defendants must file a status report within 60 days of the date of this Order, and every 60 days thereafter, to advise the Court of the status of the bankruptcy proceedings. If Plaintiff or a non-debtor defendant wishes to file a motion for relief from stay pursuant to 11 U.S.C. § 362, the motion must be filed with the Bankruptcy Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas 77002 in the bankruptcy case (In re Wellpath Holdings, Inc., et al., Case No. 24-90533). IT IS SO ORDERED this 27th day of January, 2025. ___________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?