PNC Bank, N.A. v. Commercial Structures, Inc. et al

Filing 36

ORDER deferring ruling on 34 Plaintiff's Motion to Compel production of documents. On or before June 15, 2016, PNC Bank, N.A. and the Judgment Debtors shall file a memorandum, limited to 7 pages with citation to legal authority as described in this Order. Signed by Magistrate Judge Philip R. Lammens on 6/1/2016. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PNC BANK, N.A., as successor by merger
to RBC BANK (USA) as successor in
interest to FLORIDA CHOICE BANK
Plaintiff,
v.

Case No: 5:13-cv-105-Oc-10PRL

COMMERCIAL STRUCTURES, INC.,
SANDRA L. REGISTER and DAVID L.
REGISTER
Defendants.

ORDER
This matter is before the Court on the Plaintiff’s motion to compel production of documents
to aid in its efforts to collect on the judgment previously entered against the defendants –
Commercial Structures, Inc., and Sandra and David Register. (Doc. 34). On May 19, 2016,
however, Sandra L. Register and David L. Register filed a Suggestion of Bankruptcy advising the
Court that they have filed a petition for relief under the United States Bankruptcy Code, in the
United States Bankruptcy Court for the Middle District of Florida, as Case No. 16-01879. (Doc.
35). Accordingly, these proceedings have been automatically stayed as to the Registers pursuant
to 11 U.S.C. '362(a) of the Bankruptcy Code.
Generally, the protections of the automatic stay do not apply to a codefendant not in
bankruptcy. A.H. Robins Co., Inc. v. Piccinin, 788 F.2d 994 (4th Cir. 1986). Courts, however,
have extended the automatic stay to non-bankrupt co-defendants in “unusual circumstances” such
as “when there is such identity between the debtor and the third-party defendant that the debtor

may be said to be the real party defendant and that a judgment against the third-party defendant
will in effect be a judgment or finding against the debtor.” Id. at 999. On or before June 15,
2016, PNC Bank, N.A. and the Judgment Debtors shall file a memorandum, limited to 7 pages
with citation to legal authority, addressing whether the stay should apply to Commercial
Structures, Inc.
DONE and ORDERED in Ocala, Florida on June 1, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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