Camara et al v. Matheson Trucking, Inc. et al

Filing 245

ORDER Regarding 238 Notice of Bankruptcy. By Judge Christine M. Arguello on 04/24/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-03040-CMA-CBS
MAHAMET CAMARA,
ANDRE DeOLIVEIRA,
BEMBA DIALLO,
SALIF DIALLO,
MACIRE DIARRA,
ERNIE DUKE, and
DEAN PATRICELLI,
Plaintiffs,
v.
MATHESON TRUCKING, INC., a California corporation; and
MATHESON FLIGHT EXTENDERS, INC., a California corporation,
Defendants.
_____________________
ORDER REGARDING NOTICE OF BANKRUPTCY
_____
This matter is before the Court sua sponte. On April 19, 2015, Defendant
Matheson Flight Extenders, Inc. filed a Notice (Doc. # 238), indicating that it had filed for
bankruptcy protection under Chapter 11 of the Bankruptcy Code in the United States
Bankruptcy Court for the District of Nevada, Case No. 15-50541. The filing of
bankruptcy by any party triggers an automatic stay which prohibits the commencement
or continuation of actions or proceedings against the debtor – in this case, Defendant
Matheson Flight Extenders, Inc. 11 U.S.C. § 362(a). The bankruptcy filing by
Matheson Flight Extenders, Inc. does not automatically stay collection efforts against its
subsidiary and co-defendant Matheson Trucking, Inc., and the Court has not received

notice of a bankruptcy filing by Matheson Trucking, Inc.
Nevertheless, because the jury found that Matheson Flight Extenders, Inc. and
Matheson Trucking, Inc. are a “single employer,” such that both entities are jointly liable,
see Knitter v. Corvias Military Living, LLC, 758 F.3d 1214, 1226 (10th Cir. 2014), the
Court will not make further rulings or address the outstanding post-trial motions in this
case until the Bankruptcy Court authorizes it to do so. That being said, the Court will
expect both parties to adhere to the filing deadlines for responses and replies to the
outstanding post-trial motions, as set forth in Doc. ## 237 and 244.
DATED: April 24, 2015

BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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