Fisher et al v. General Steel Domestic Sales, LLC et al

Filing 71

MINUTE ORDER. Unopposed Motion to Hold Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41(b) in Abeyance as to Bison Constructors, Inc. 70 is GRANTED. The Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41 (b) is DENI ED WITHOUT PREJUDICE. Ordered that the parties shall brief the impact of the stay as to Bison Constructors, Inc. on the pending motions (ECF Nos. 66 and 69). The briefs shall be filed not later than Tuesday, April 30, 2013 by Judge Wiley Y. Daniel on 04/10/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 10-cv-01509-WYD-BNB
DAVID B. FISHER;
BISON CONSTRUCTORS INC.; and
MARK YAKOWEC, on behalf of themselves and all other similarly situated persons
Plaintiffs,
v.
GENERAL STEEL DOMESTIC SALES, LLC d/b/a GENERAL STEEL CORPORATION,
a Colorado limited liability company;
JEFFREY KNIGHT;
NATHAN WRIGHT;
BRUCE GRAHAM;
LEE BASHORE;
STEVEN PAIGE;
JOHN VIVIAN;
JONAH GOLDMAN; and
WAYNE GASTON,
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
The “Unopposed Motion to Hold Motion to Dismiss Pursuant to Federal Rule of
Civil Procedure 41(b) in Abeyance as to Bison Constructors, Inc.” (ECF No. 70) is
GRANTED as follows. In the motion, the Defendants indicated that Plaintiff Bison
Constructors, Inc. became a Chapter 7 bankruptcy debtor in December 2012. As such,
Bison Constructors Inc.’s claims in this case are now property of its Chapter 7 estate
under 11 U.S.C. § 541. Thus, this matter is stayed as to Plaintiff Bison Constructors,
Inc. 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. Accordingly, in light of the stay, the
Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41(b) is DENIED
WITHOUT PREJUDICE.
It is also ordered that the parties shall brief the impact of the stay as to Bison
Constructors, Inc. on the pending motions (ECF Nos. 66 and 69). The briefs shall be

filed not later than Tuesday, April 30, 2013.
Dated: April 10, 2013

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