Brent v. Source Interlink Distribution, LLC et al

Filing 22

ORDER re 18 Notice (Other) filed by Source Interlink Distribution, LLC. This matter is stayed as it relates to Defendant Source Interlink Distribution, LLC only. Signed by Judge Sheri Polster Chappell on 7/11/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DEBBIE BRENT,
Plaintiff,
v.

Case No: 2:14-cv-52-FtM-38DNF

SOURCE INTERLINK
DISTRIBUTION, LLC and SOURCE
INTERLINK COMPANIES, INC.,
Defendants.
/
ORDER1
This matter comes before the Court on Suggestion of Bankruptcy of Defendant
Source Interlink Distribution, LLC (Doc. 18) filed on July 9, 2014. Defendant Source
Interlink Distribution, LLC indicates it has filed a Chapter 11 bankruptcy petition. (See
Doc. 18-1). Therefore, all matters against Defendant Source Interlink Distribution, LLC
are stayed by operation of law pursuant to 11 U.S.C. § 362. This matter, however, is not
stayed as it relates to Defendant Source Interlink Companies, Inc. The clear language of
Section 362 only stays the action automatically against a debtor. Chicago Title Ins. Co. v.
Lerner, 435 B.R. 732, 735 (S.D. Fla. 2010) (quoting McCartney v. Integra Nat’l Bank
North, 106 F.3d 506, 509 (3d Cir. 1997)); see e.g., Souder v. Premier Automotive on
Atlantic, LLC, No. 3:08-cv-973-J-32JRK, 2009 WL 691916, at *1 (M.D. Fla. Mar. 13, 2009)

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or Web sites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other Web sites, this court does not endorse,
recommend, approve, or guarantee any third parties or the services or products they provide on their Web
sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court
accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink
ceases to work or directs the user to some other site does not affect the opinion of the court.

(staying the case only to the debtor defendant); In re Colonial Bancgroup Inc. Securities
Litigation, 2:09cv104-MHT, 2010 WL 119290, at *1 (M.D. Ala. Jan. 7, 2010) (“The
automatic stay provisions of § 362(a) generally do not operate to stay claims against nondebtor defendants.”) (citation omitted). To date, there is no evidence that unusual
circumstances exist in this matter to warrant a stay of the case regarding the Defendant
Source Interlink Companies, Inc. as well.
Accordingly, it is now
ORDERED:
This matter is stayed as it relates to Defendant Source Interlink Distribution, LLC
only.
DONE and ORDERED in Fort Myers, Florida this 11th day of July, 2014.

Copies: All Parties of Record

2