Gerard, Jr. et al v. New Elk Coal Company, LLC et al

Filing 151

ORDER; All proceedings against Defendants Cline Mining Corporation and New Elk Coal Company, LLC, are STAYED unless and until relief from the automatic stay in Bankruptcy Case Nos. 14-26132EEB and 14-26133EEB is granted. Defendants Cline Mining Corporation and New Elk Coal Company, LLC, are ORDERED to file a status report in this case within ten days of any relief from stay in thebankruptcy case, by Magistrate Judge Kathleen M. Tafoya on 1/5/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–00277–RM–KMT

JAMES GERARD, JR., and
MICHAEL COX, on behalf of themselves and all others similarly situated,
Plaintiffs,
v.
NEW ELK COAL COMPANY, LLC,
STRATEGIC STAFFING SOLUTIONS, and
CLINE MINING CORPORATION,
Defendants.

ORDER

This matter is before the court on review of the “Notice of Preliminary Injunction Order”
and the “Preliminary Injunction Order Pursuant to Sections 1519, 1521(a)(7), and 105(a) of the
Bankruptcy Code” filed on December 15, 2014 (Doc. No. 150 at 3-6.)
Defendants Cline Mining Corporation and New Elk Coal Company, LLC, have filed
petitions for relief under Chapter 15 of the Bankruptcy Code in the United States Bankruptcy
Court for the District of Colorado. Therefore, Section 362 of the United States Bankruptcy Code
applies with respect to Defendants Cline Mining Corporation and New Elk Coal Company, LLC,
and the property of these defendants. 11 U.S.C. § 1520(a). Section 362(a) of the Bankruptcy
Code provides

Except as provided in subsection (b) of this section, a petition filed under section
301, 302, or 303 of this title, or . . . operates as a stay, applicable to all entities, of
(1) the commencement or continuation, including the issuance or employment of
process, of a judicial, administrative, or other action or proceeding against the
debtor that was or could have been commenced before the commencement of the
case under this title, or to recover a claim against the debtor that arose before the
commencement of the case under this title.
***
(3) any act to obtain possession of property of the estate or of property from the
estate or to exercise control over property of the estate. . . .
Title 11 U.S.C. § 362(a). Accordingly, the bankruptcy proceedings preclude continuing this
litigation with respect to Defendants Cline Mining Corporation and New Elk Coal Company,
LLC.
It is therefore ORDERED that all proceedings against Defendants Cline Mining
Corporation and New Elk Coal Company, LLC, are STAYED unless and until relief from the
automatic stay in Bankruptcy Case Nos. 14-26132EEB and 14-26133EEB is granted.
Defendants Cline Mining Corporation and New Elk Coal Company, LLC, are
ORDERED to file a status report in this case within ten days of any relief from stay in the
bankruptcy case.
Dated this 5th day of January, 2015.

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