Keller et al v. FCOA, LLC

Filing 58

ORDER granting 57 Motion to Stay. (See Order for specifics regarding deadlines.) Signed by Honorable Susan O. Hickey on May 12, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
WILLIAM KELLER, DEBRA KELLER,
and PEGGY BYRGE, individually and on
behalf of all others similarly situated
v.

PLAINTIFFS

Case No. 4:14-cv-04002

FCOA, LLC d/b/a FOREMOST
INSURANCE COMPANY

DEFENDANT
ORDER

Before the Court is Plaintiffs William and Debra Keller’s Unopposed Motion to Stay Proceedings
for Forty-Five Days Pending (I) Request for Abandonment of Claim by Trustee Pursuant to Bankruptcy
Rule 6007 or (II) Alternative Relief. (ECF No. 57).
This case was filed in November 2013. Class counsel have become aware that the Kellers have
a Chapter 13 bankruptcy proceeding pending in Arkansas bankruptcy court which was instituted April
19, 2012. A potential claim against Defendant FCOA was not listed as an asset of the bankruptcy estate.
Plaintiffs now seek a stay for a period of 45 days to allow them to make necessary filings and address
additional matters with the Bankruptcy Court and Trustee regarding the continued prosecution of the
claims brought herein.
The Court finds that good cause for the stay has been shown. Accordingly, the above-caption
matter is stayed for a period of 45 days. Additionally, the Class Certification deadlines set forth in ECF
No. 51 shall be extended. Defendant’s response to the Motion for Class Certification is extended until
July 24, 2015. Plaintiffs should reply by August 7, 2015. All other deadlines set forth in the Court’s
Final Scheduling Order (ECF No. 48) remain unchanged.
IT IS SO ORDERED, this 12th day of May, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge