Lefkowitz v. American Managed Care, LLC

Filing 18

ORDER: Plaintiff Elizabeth Lefkowitz's Consented Motion to Refer Case to Bankruptcy Court and Consolidate with Related Litigation 15 is GRANTED. This case is REFERRED to the United States Bankruptcy Court for the Middle District of Florida, T ampa Division, for all further proceedings in accordance with 28 U.S.C. § 157. This case shall be assigned to the Honorable K. Rodney May, United States Bankruptcy Judge, as it relates to other cases pending before him as described above. The Clerk is directed to transfer the contents of the file to the Bankruptcy Court and thereafter shall close the District Court case. Signed by Judge Virginia M. Hernandez Covington on 9/30/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ELIZABETH LEFKOWITZ,
Plaintiff,
v.

Case No. 8:13-cv-812-T-33EAJ

AMERICAN MANAGED CARE,
Defendant.
_____________________________/
ORDER
This matter comes before the Court pursuant to Plaintiff
Elizabeth

Lefkowitz’s

Consented

Motion

to

Refer

Case

to

Bankruptcy Court and Consolidate with Related Litigation (Doc.
# 15), which was filed on September 26, 2013.

The Court

grants the Motion.
Discussion
On March 29, 2013, Lefkowitz filed an action against her
employer, Defendant American Managed Care, claiming violation
of the Worker Adjustment and Retraining Notification Act
(“WARN Act”), 29 U.S.C. § 2101. (Doc. # 1).

Among other

allegations, Lefkowitz contends that American Managed Care
“had a plant closing or mass layoff [and] did not give its
employees sixty days notice.” (Id. at ¶¶ 8-9). Not long after
the Complaint was filed, American Managed Care alerted the
Court that it filed for protection under Chapter 11 of the
United States Bankruptcy Code. (Doc. # 9).

American Managed

Care’s bankruptcy case is pending as 8:13-cv-05952-KRM.

On

May 14, 2013, the Court stayed and administratively closed
this case due to American Managed Care’s bankruptcy filing.
(Doc. # 10).
At this juncture, Lefkowitz requests that this action be
referred

to

the

Bankruptcy

Court

so

that

it

may

be

consolidated with other WARN actions filed against American
Managed Care and its affiliate, Universal Health Care, e.g.,
De La Concha and Toups v. Universal Health Care Group, Inc.,
8:13-ap-00273-KRM, and Frankel et al v. American Managed Care,
LLC, 8:13-ap-00623-KRM.
The Court concurs that the present action should be
referred to the Bankruptcy Court.

As delineated in the

Court’s Standing Order filed on February 22, 2012, in case
6:12-mc-26-Orl-22, “Pursuant to 28 U.S.C. Section 157(a) any
and all cases under title 11 and any or all proceedings
arising under title 11 or arising in or related to a case
under title 11 are referred to the bankruptcy judges for this
district.” (Doc. # 1).

The Court accordingly refers this

action to the United States Bankruptcy Court for the Middle
District of Florida, Tampa Division, so that it may be
consolidated with the related proceedings described above.
Accordingly, it is
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ORDERED, ADJUDGED, and DECREED that:
(1)

Plaintiff Elizabeth Lefkowitz’s Consented Motion to Refer
Case to Bankruptcy Court and Consolidate with Related
Litigation (Doc. # 15) is GRANTED.

(2)

This case is REFERRED to the United States Bankruptcy
Court for the Middle District of Florida, Tampa Division,
for all further proceedings in accordance with 28 U.S.C.
§ 157.

This case shall be assigned to the Honorable K.

Rodney May, United States Bankruptcy Judge, as it relates
to other cases pending before him as described above.
(3)

The Clerk is directed to transfer the contents of the
file to the Bankruptcy Court and thereafter shall close
the District Court case.
DONE and ORDERED in Chambers in Tampa, Florida, this 30th

day of September, 2013.

Copies:
All Counsel of Record

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