Mason et al v. Fantasy LLC, et al

Filing 85

MINUTE ORDER re 82 IT IS HEREBY ORDERED that this matter is STAYED in its entirety based on the automatic stay requirement of 11 U.S.C. § 362. However, as to Defendant Fantasy, the Court will adjudicate the Motion to Stay 83 when it is fully briefed and determine then whether the stay should be lifted. By Magistrate Judge Kristen L. Mix on 2/20/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02020-RM-KLM
JESSICA MASON,
MICHELLE CROSS,
ALLISON STEBBING, and
JAME TENCZA,
ANDREA CONDE,
CIERRA SUTTON,
BRICKELL CLARK,
SIREENA FORTENBERRY,
ALLISON HAMEL,
RHEA WILSON,
GEORGINA SANTICH, and
AIMEE TRUMPEY, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
FANTASY, LLC, doing business as Fantasy Gentlemen’s Club, and
KEVIN EARDLEY,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant Kevin Eardley’s (“Eardley”) Notice of
Automatic Stay [#82] (the “Notice”) and on Defendant Fantasy, LLC’s (“Fantasy”) Motion
to Stay [#83]. In the Notice, Defendant Eardley states that on February 17, 2015, he filed
a petition for relief pursuant to Chapter 13 of the United States Bankruptcy Code, thereby
initiating the automatic stay requirement of 11 U.S.C. § 362. See Ex. A [#82-1]. Defendant
Eardley is the owner and operator of the only other defendant in this matter, Defendant
Fantasy. Accordingly, the automatic stay imposed as to Defendant Eardley may also
require a stay as to Defendant Fantasy. See In re Pickel, 487 B.R. 289 (Bankr. D.N.M.
2013) (holding that an automatic stay applied to the assets of a limited liability company
wholly owned by the debtor). Given the nature of the automatic stay requirement of 11
U.S.C. § 362,
IT IS HEREBY ORDERED that this matter is STAYED in its entirety based on the
automatic stay requirement of 11 U.S.C. § 362. However, as to Defendant Fantasy, the
-1-

Court will adjudicate the Motion to Stay [#83] when it is fully briefed and determine then
whether the stay should be lifted.
IT IS FURTHER ORDERED that Defendant Eardley shall file a Status Report every
90 days regarding the status of the bankruptcy matter and within 10 days of the lifting of
the stay in regards to this lawsuit.
Dated: February 20, 2015

-2-