Equal Employment Opportunity Commission v. Chemtura Corporation

Filing 72

ORDER REOPENING CASE as to EEOC; individual claims of intervenors not reopened at this time re: automatic stay under Bankruptcy. Signed by Honorable Harry F. Barnes on March 26, 2009. (cnn)

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IN THE UNITED STATE DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ROBERT BENNETT, et al PLAINTIFF INTERVENOR PLAINTIFFS VS. CASE NO. 07-CV-1025 CHEM TURA CORPORATION d/b/a GREAT LAKES CHEMICAL CORPORATION, et al ORDER DEFENDANT IT IS SO ORDERED that the above matter be reopened as to all claims made by Plaintiff Equal Employment Opportunity Commission ("EEOC"). Actions by a government unit to enforce its police or regulatory powers are exempt from operation of the automatic stay provision in section 362(a) of the Bankruptcy Code. 11 U.S.C. 362(b)(4). Therefore, all of the EEOC's claims are exempt from the automatic stay and will proceed. See E.E.O.C. v. Rath Packing Co., 787 F.2d 318, 323-25 (8th Cir. 1986) (holding that a Title VII action brought by the EEOC to enforce that agency's power to eradicate employment discrimination is exempt from the automatic stay provision); see also E.E.O.C. v. Hall's Motor Transit Co., 789 F.2d 1011, 1013-14 ( 3rd Cir. 1986). The individual claims made by Intervenor Plaintiffs are not reopened at this time as they are subject to the automatic stay. 11 U.S.C. 362(a). IT IS SO ORDERED, this 26th day of March, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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