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

Filing 40

ORDER deferring ruling on 34 Plaintiff's Motion to Compel the production of documents. Within ten (10) days of this Order, Plaintiff shall file a copy of the First Request for Production. Signed by Magistrate Judge Philip R. Lammens on 6/17/2016. (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 PNC Bank’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). As previously noted,
these proceedings have been automatically stayed as to the Registers pursuant to 11 U.S.C.
§ 362(a) of the Bankruptcy Code (Doc. 36), and thus, the motion to compel is denied as moot as
to them.
However, it does not appear that the protections of the automatic stay apply to co-defendant
Commercial Structures, Inc. Generally, the automatic stay does not apply to non-bankrupt codebtors. See Winters By and Through McMahon v. George Mason Bank, 94 F.3d 130, 129-30
(4th Cir. 1996). While courts have made limited exceptions to the general rule in “unusual
circumstances,” see e.g., A.H. Robins Co., Inc. v. Piccinin, 788 F.2d 994 (4th Cir. 1986), none of
those circumstances appear to be present here. Indeed, despite being given an opportunity to do

so, neither Commercial Structures, Inc. nor the Registers have filed a memorandum addressing the
applicability of the stay, nor have they argued that any exception should be applied. Accordingly,
I find that the motion to compel is still at issue as to Commercial Structures, Inc.
In its motion, PNC Bank represents that on March 3, 2016 it served its First Request for
Production of Documents on Commercial Structures, Inc., and that it has not received a response.
While PNC Bank is entitled to post judgment discovery (see Fed.R.Civ.P. 69(a)(2)), it has not filed
a copy of the Request nor has it otherwise complied with the requirements of Local Rule 3.04(a).
Rather than denying the instant motion outright, the Court will provide PNC Bank an opportunity
to file a copy of the discovery at issue for the Court’s review. Accordingly, within ten (10) days
of this Order, PNC Bank shall file a copy of the First Request for Production.
DONE and ORDERED in Ocala, Florida on June 17, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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