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

Filing 264

ORDER granting 258 Motion to Reopen Case, as set forth. Signed by Honorable Robert T. Dawson on February 4, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TEMPUR-PEDIC INTERNATIONAL, INC. v. PLAINTIFF Civil No. 07-2015 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. DEFENDANTS ORDER Now on this 4th day of February 2013, there comes on for consideration Close Out Surplus and Savings, Inc.’s Motion to Reopen Case (doc. 258), Plaintiff’s Response (doc. 260) and CSS’s Reply (doc. 263). None of the remaining defendants responded to the Motion. On September 24, 2008, the Court stayed this action pursuant to 11 U.S.C. proceedings of § 362 pending Separate the outcome Defendants Waste of to the bankruptcy Charity, Jack Fitzgerald and Thomas Scarcello. (Doc. 233). Separate Defendants were directed to promptly inform the Court once their respective bankruptcy proceedings were concluded. Separate Defendants failed to comply with the order of this Court. However, it is apparent these proceedings are completed (doc. 258-1, 258-2 & 258-3), AO72A (Rev. 8/82) accordingly, the automatic bankruptcy stay is lifted, and this matter is reopened. It is clear there is no consensus on what remains to be done in this case, specifically, in connection with discovery as it relates to Waste to Charity, and Mssrs. Fitzgerald and Scarcello. Accordingly, the Court directs the parties to conduct a status conference by March 8, 2013. A written report shall be submitted to the Court by March 22, 2013. Should the parties feel the assistance of a conference before a Magistrate might facilitate the matter, one may be requested. Once the Court receives the status report, this matter will be scheduled for trial or other disposition. Accordingly, CSS’s Motion (doc. 258) is GRANTED. IT IS SO ORDERED this 4th day of February, 2013. /s/ Robert T. Dawson HONORABLE ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE Page 2 of 2 AO72A (Rev. 8/82)

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