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)

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)