Norfolk Southern Railway Corporation v. Superloads, Inc.

Filing 99

ORDER OF ADMINISTRATIVE CLOSURE. The Clerk of the Court shall administratively close this action pursuant to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown, by Chief Judge Wiley Y. Daniel on 07/18/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 08-cv-01959-WYD-MEH
NORFOLK SOUTHERN RAILWAY CORPORATION,
Plaintiff,
v.
SUPERLOADS, INC.,
Defendant,
and Consolidated Civil Action No. 09-cv-00648-WYD-MJW
NORFOLK SOUTHERN RAILWAY CORPORATION,
Plaintiff,
v.
SUPERLOADS, INC.,
Defendant.

ORDER OF ADMINISTRATIVE CLOSURE

THIS MATTER comes before the Court upon review of the file. On June 17,
2011, Defendant Superloads, Inc. filed a Suggestion of Bankruptcy (ECF No. 97). The
filing indicated that on May 19, 2011, Defendant Superloads, Inc. filed a Petition in
Bankruptcy under Chapter 7 of the United States Bankruptcy Code (United States
Bankruptcy Court for the District of Colorado, Case No. 11-21837-MER).
On July 1, 2011, I issued an Order to any interested party to show cause on or
before July 13, 2011 as to why this matter should not be stayed pursuant to the United
States Code, 11 U.S.C. § 101 et. seq., and in accordance with 11 U.S.C. § 362, the
automatic stay provision. No responses were filed.

Therefore, I find that this matter is subject to the automatic stay pursuant to
11 U.S.C. § 362. Since the Defendant Superloads, Inc.’s Chapter 7 bankruptcy petition
is currently pending and the outcome of the bankruptcy case is uncertain, I find that this
case should be administratively closed pursuant to D.C.COLO.LCivR 41.2 with leave to
be reopened for good cause shown. Accordingly, it is
ORDERED that the Clerk of the Court shall administratively close this action
pursuant to D.C.COLO.LCivR 41.2 with leave to be reopened for good cause shown.
Dated: July 18, 2011
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Chief United States District Judge