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)
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
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