Tempur-Pedic International, Inc. v. Waste to Charity, Inc. et al

Filing 233

ORDER re 231 Notice of Filing Bankruptcy filed by Waste to Charity, Inc. and 230 Notice of Filing Bankruptcy filed by Jack Fitzgerald. This case case has been removed from the trial docket of 10/6/08, and administratively terminated without prejudice to the right of the parties to reopen the proceedings upon conclusion of the bankruptcy proceedings. Signed by Honorable Robert T. Dawson on September 24, 2008. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TEMPUR-PEDIC INTERNATIONAL, INC. v. Civil No. 07-2015

PLAINTIFF

WASTE TO CHARITY, INC.; BROCO SUPPLY, INC.; JACK FITZGERALD; ERIC VOLOVIC; HOWARD HIRSCH; THOMAS SCARCELLO; NELSON SILVA; CLOSE OUT SURPLUS AND SAVINGS, INC.; ERNEST PEIA, and ACTION DISTRIBUTORS, INC. ORDER

DEFENDANTS

Currently before the court are Suggestions of Bankruptcy (Docs. 230-31) filed by Separate Defendants Waste to Charity and Jack Fitzgerald. Waste to Charity and Jack Fitzgerald filed

Chapter 11 bankruptcy petitions in the U.S. Bankruptcy Court for the Middle District of Florida on November 8, 2007 and September 23, 2007, respectively. (8:07bk10816 & 8:07bk8746). The Court

has been advised that Separate Defendant Thomas Scarcello filed a Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Eastern District of Oklahoma on September 9, 2008 (08-81182). This action is therefore subject to an automatic stay under 11 U.S.C. § 362 pending the outcome of the bankruptcy proceedings. It is hereby ordered that this case be removed from the trial

AO72A (Rev. 8/82)

docket of October 6, 2008, and administratively terminated without prejudice to the right of the parties to reopen the proceedings upon conclusion of the bankruptcy proceedings. IT IS SO ORDERED this 24th day of September 2008.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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AO72A (Rev. 8/82)