Armbrust v. SA-ENC Operator Holdings, LLC
ORDER staying case. This case is STAYED as to the Defendant, SA-ENC Fort Myers, LLC d/b/a Citrus Gardens of Fort Myers pending the resolution of the bankruptcy proceedings. The Clerk is directed to place a stay flag on the docket. The Plaintiff is directed to inform the Court in writing when the bankruptcy proceedings are completed and the stay may be lifted. Signed by Judge Sheri Polster Chappell on 6/23/2015. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Case No: 2:14-cv-55-FtM-38CM
SA-ENC OPERATOR HOLDINGS,
This matter comes before the Court on the Defendant, SA-ENC Fort Myers, LLC
d/b/a Citrus Gardens of Fort Myers Suggestion of Bankruptcy (Doc. #51) filed on June
22, 2015. The Defendant Citrus Gardens filed a voluntary petition for relief under Chapter
11 pursuant to the United States Bankruptcy Code, 11 U.S.C §§101-1532.
By operation of Title 11 U.S.C. § 362, the above-styled action is stayed as to the
Defendant, Citrus Gardens of Fort Myers. Title 11 U.S.C. § 362 stipulates that an
automatic stay is created upon the filing of any bankruptcy petition. See Ellison v.
Northwest Eng'g Co., 707 F.2d 1310, 1311 (11th Cir.1983). The purpose of the stay is “to
give the debtor a breathing spell from his creditors.” Id.
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Accordingly, it is now
(1) This case is STAYED as to the Defendant, SA-ENC Fort Myers, LLC d/b/a
Citrus Gardens of Fort Myers pending the resolution of the bankruptcy
(2) The Clerk is directed to place a stay flag on the docket.
(3) The Plaintiff is directed to inform the Court in writing when the bankruptcy
proceedings are completed and the stay may be lifted.
DONE and ORDERED in Fort Myers, Florida this 23rd day of June, 2015.
Copies: All Parties of Record
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