Xpedx v. Jonesboro Paper & Chemical LLC et al

Filing 26

ORDER directing Paul Wallis to move to reopen his time to respond to the motion papers and to tender a proposed response by July 31, 2012. The Court will hold a hearing on Xpedx's motion for summary judgment at 3:00 on August 28, 2012 in Courtr oom B-155 of the Richard Sheppard Arnold U.S. Courthouse. The Clerk is directed to send a copy of this order directly to Paul Wallis by certified mail, return receipt requested, and to file the green card once received. Signed by Judge D. P. Marshall Jr. on 7/2/12. (kpr)

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

XPEDX, a division of International
Paper Company dfb/a Saalfeld
Redistribution Company

v.

PLAINTIFF

No. 4:11-cv-763-DPM

JONESBORO PAPER &
CHEMICALLLCandPAUL
WALLIS, individually

DEFENDANTS
ORDER

This case is in the ditch. Back in April, Xpedx moved for summary
judgment. Jonesboro Paper is in bankruptcy and the case is stayed as to the
company. It is going forward as to Paul Wallis, who appears to have
personally guaranteed the debt. Mr. Wallis has not responded to the motion
for summary judgment- apparently because his counsel has been in and out
of the hospital and seriously ill.
It is time to get the case back on the road to adjudication. The Court

therefore directs that, considering all the material circumstances, Wallis has
until31 July 2012 to move to reopen his time to respond to the motion papers
and to tender a proposed response. The Court will hold a hearing on Xpedx' s

motion for summary judgment at 3:00 on 28 August 2012 in Courtroom B-155
of the Richard Sheppard Arnold United States Courthouse.
It may be time for Wallis to get another lawyer, either to assist Mr.

Oupwe or take over the case from him. This, of course, is Wallis's decision.
Any new counsel should appear as soon as possible. The Court directs the
Clerk to send a copy of this Order directly to Mr. Wallis by certified mail,
restricted delivery, return receipt requested, and to file the green card once
received. This step is to be sure Wallis knows two things: (1) he is facing a
motion that could essentially end the case with a ruling against him
personally; and (2) he has filed no response to Xpedx' s potentially dispositive
motion.
The bankruptcy case against Jonesboro Paper appears to be over. The
Court requests that Xpedx consider the circumstances and consider moving
to lift the stay and expanding its motion to reach Jonesboro Paper as well.
So Ordered.

D.P. Marshall Jr.
United States District Judge
2July 2012