Citadel Commerce Corp. v. Cook Systems, LLC et al

Filing 37

ORDER STAYING CASE: This case is STAYED and ADMINISTRATIVELY CLOSED as to defendant Randolph V. Cook ONLY. No further action will be taken as to Randolph V. Cook until such time as the bankruptcy court lifts the stay or the stay lapses. Plaintiff s hall notify the Court in writing within FIVE (5) DAYS of the date of this Order, whether the action should proceed against Cook Systems, Inc. without Randolph V. Cook or whether the case should be stayed in its entirety. Defendant Randolph V. Cook shall advise this Court, in writing, as to the status or proceedings in the United States Bankruptcy Court on or before September 15, 2009, and every SIXTY (60) DAYS thereafter. Signed by Judge Virginia M. Hernandez Covington on 6/19/2009. (KAK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CITADEL COMMERCE CORPORATION, v. Plaintiff, Case No. 8:08-cv-1923-T-33TGW COOK SYSTEMS, LLC, and RANDOLPH V. COOK, Defendants. ________________________________/ ORDER This matter is before the Court pursuant to Defendant Randolph V. Cook's Suggestion of Bankruptcy (Doc. # 36), which was filed on June 12, 2009. Defendant Cook indicates that he filed for protection under the United States Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division under case 8:09-bk-12366, on June 12, 2009. As there are two defendants in this case, this Court directs Plaintiff to advise whether it elects to proceed against the non-bankrupt entity, Cook Systems, LLC, or, in the alternative, Plaintiff elects to stay this matter in its entirety due to Randolph V. Cook's bankruptcy proceedings. Accordingly, pursuant to 11 U.S.C. 362(a), it is now ORDERED, ADJUDGED, and DECREED: 1. This case is STAYED and ADMINISTRATIVELY CLOSED as to defendant Randolph V. Cook ONLY. No further action will be taken as to Randolph V. Cook until such time as the bankruptcy court lifts the stay or the stay lapses. See Johnson v. K Mart Corp., 281 F.3d 1368 (11th Cir. 2002). 2. Plaintiff shall notify the Court in writing within FIVE (5) DAYS of the date of this Order, whether the action should proceed against Cook Systems, Inc. without Randolph V. Cook or whether the case should be stayed in its entirety. 3. Defendant Randolph V. Cook shall advise this Court, in writing, as to the status or proceedings in the United States Bankruptcy Court on or before September 15, 2009, and every SIXTY (60) DAYS thereafter. DONE and ORDERED in Chambers, in Tampa, Florida, this 19th day of June, 2009. Copies to: All Parties of Record -2-

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