Strickland v. Wal-Mart Stores, Inc. et al

Filing 62

ORDER: Defendant Discovery Plastics, LLC and Plaintiff Steve Strickland's Joint Motion to Stay as to Defendant Discovery Plastics, LLC Pending Finalization of Settlement 61 is GRANTED. This case is STAYED AND ADMINISTRATIVELY CLOSED pending f inalization of the global settlement proceedings taking place in the Bankruptcy Court. In the instance that the case is not finally settled, the Court, upon proper Motion, will lift the stay and return the case to active status. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/30/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
STEVE J. STRICKLAND,
Plaintiff,
Case No. 8:12-cv-2402-T-33TGW
v.
WAL-MART STORES, INC.,
WAL-MART STORES EAST, L.P.,
WAL-MART STORES EAST, INC.,
DISCOVERY PLASTICS, LLC,
BLITZ U.S.A., INC., and
ROBERT GENE WILLIS,
Defendants.
__________________________________/
ORDER
This matter is before the Court pursuant to Defendant
Discovery Plastics, LLC and Plaintiff Steve Strickland’s Joint
Motion to Stay as to Defendant Discovery Plastics, LLC Pending
Finalization of Settlement (Doc. # 61), which was filed on
October 30, 2013.

For the reasons that follow, the Court

grants the Motion and stays and administratively closes this
case.
Discussion
After sustaining severe burns in connection with the
explosion of a portable gas container, Strickland filed a
state court complaint against Wal-Mart Stores, Inc., Wal-Mart
Stores East, L.P., Wal-Mart Stores East, Inc. (collectively
“Wal-Mart”); Discovery Plastics, LLC; Blitz U.S.A., Inc.; and

Robert Gene Willis. (Doc. # 2). The state court complaint,
filed on June 12, 2012, sought damages for products liability,
negligence, breach of warranty, and other claims.

Wal-Mart

effected removal of the case to this Court on the basis of the
Court’s diversity jurisdiction.

(Doc. # 1).

On March 5,

2013, Strickland filed an Amended Complaint. (Doc. # 40).
At this juncture, Defendant Willis has been dismissed
from the action (Doc. # 34) and Defendant Blitz has filed for
bankruptcy protection in the United States Bankruptcy Court
for the District of Delaware, under Chapter 11 of the United
States

Bankruptcy

Code.

On

August

12,

2013,

Wal-Mart

explained that “Plaintiff and Wal-Mart have participated in a
number of mediation sessions with Blitz and its carriers in an
effort to resolve this lawsuit and all of the pending lawsuits
across the nation related to injuries allegedly caused by
portable consumer gasoline containers manufactured by Blitz.”
(Doc. # 52 at 1). Wal-Mart further noted that “the parties in
the Bankruptcy Court have reached a global settlement and
worked out the final terms of the settlement agreement and
releases.” (Id. at 2).
to

Wal-Mart

only,

and

Wal-Mart sought a stay of the case as
the

Court

2

granted

a

stay

of

the

proceedings as to Wal-Mart on August 13, 2013. (Doc. # 54).1
At this point, Discovery Plastics indicates that it has
joined in the Bankruptcy Court settlement proceedings. (Doc.
# 61).

By its present Motion, Discovery Plastics requests an

Order “postponing and suspending all activity and deadlines
scheduled to occur in this action as to Discovery [Plastics]
. . . to enable Plaintiff and Discovery [Plastics] to conclude
resolution of this case through the Bankruptcy Court’s global
settlement.”

(Id. at 2).

The Court determines that it is

appropriate to grant the Motion.
Furthermore, because none of the parties to this case are
actively litigating in this action, the Court determines that
it is appropriate to stay and administratively close the case.
The

parties

conclusion

are
of

directed

the

Bankruptcy Court.
finally

settled

global

to

advise

settlement

the

Court

upon

proceedings

in

the
the

In the instance that this case is not
in

the

global

settlement

proceedings

or

otherwise, the Court, upon proper Motion, will lift the stay
and return the case to active status.

1

In so staying the case as to Wal-Mart, the Court
directed Wal-Mart to provide status reports regarding the
bankruptcy proceedings every 90 days.
(Doc. # 54).
The
present Order staying and administratively closing this case
does not relieve Wal-Mart of the requirement of filing status
reports as previously directed by the Court.
3

Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1)

Defendant Discovery Plastics, LLC and Plaintiff Steve
Strickland’s
Discovery

Joint

Plastics,

Motion
LLC

to

Stay

Pending

as

to

Defendant

Finalization

of

Settlement (Doc. # 61) is GRANTED.
(2)

This case is STAYED AND ADMINISTRATIVELY CLOSED pending
finalization of the global settlement proceedings taking
place in the Bankruptcy Court.

(3)

In the instance that the case is not finally settled, the
Court, upon proper Motion, will lift the stay and return
the case to active status.
DONE and ORDERED in Chambers, in Tampa, Florida this 30th

day of October, 2013.

Copies: All Counsel of Record

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