Malibu Media, LLC v. John Doe Subscriber assigned IP address 107.2.134.163

Filing 40

ORDER. ORDERED that this case is ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2, to be reopened for good cause shown by Judge Wiley Y. Daniel on 11/27/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-01523-WYD-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
RICHARD MICHALKA,
Defendant.

ORDER

THIS MATTER is before the Court in connection with a review of the Courtroom
Minutes/Minute Order of Magistrate Judge Hegarty filed November 26, 2013 (ECF No.
38) and the Suggestion of Bankruptcy filed by Defendant’s bankruptcy attorney on
November 27, 2013 (ECF No. 39). Both documents note that Defendant has filed
bankruptcy.
Pursuant to the Title of the United States Code, 11 U.S.C. § 101 et. seq., and in
accordance with 11 U.S.C. § 362, the automatic stay provision, all proceedings in the
above-captioned matter must be stayed. That is because the automatic stay provision
stays, among other things, the “continuation . . . of a judicial . . . action or proceeding
against the debtor” or any action “to recover a claim against the debtor” that arose
before the commencement of bankruptcy proceeding. 11 U.S.C. § 362(a)(1).
However, rather than staying the proceedings I believe the better course is to
administratively close this action pursuant to D.C.COLO.LCivR 41.2. The Tenth Circuit

has construed administrative closure as the practical equivalent of a stay. See Quinn v.
CGR, 828 F.2d 1463, 1465 and n. 2 (10th Cir. 1987). The case may be reopened for
good cause, which shall include a request to reopen because the case is no longer
automatically stayed pursuant to 18 U.S. C. § 362. This ensures that the case does not
remain pending for months or even years on this Court’s docket while the bankruptcy
proceeding is conducted. Accordingly, it is
ORDERED that this case is ADMINISTRATIVELY CLOSED pursuant to
D.C.COLO.LCivR 41.2, to be reopened for good cause shown.
Dated: November 27, 2013
BY THE COURT:

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

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