ECP Station I LLC v. Chandy et al

Filing 31

ORDER Staying Case as to Defendant Joseph P. Chandy pursuant to 30 Suggestion of Bankruptcy as to Joseph P. Chandy. Signed by Magistrate Judge Julie S. Sneed on 5/18/2016. (JR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ECP STATION I LLC,
Plaintiff,
v.

Case No: 8:15-cv-2523-T-JSS

JOSEPH P. CHANDY and SUNNY P.
JOSEPH,
Defendants.
___________________________________/
ORDER
THIS MATTER is before the Court on the Suggestion of Bankruptcy as to Defendant
Joseph P. Chandy filed by Plaintiff, ECP Station I LLC. (Dkt. 30.) The Suggestion of Bankruptcy
indicates that Defendant, Joseph P. Chandy, filed a voluntary petition for relief under Chapter 13
of the Bankruptcy Code on May 6, 2016, in the U.S. Bankruptcy Court for the Southern District
of Florida, In re Joseph P. Chandy, No. 16-16578-RBR (Bankr. S.D. Fla. May 6, 2016).
Under 11 U.S.C. § 362(a), the filing of a petition under the Bankruptcy Code operates as a
stay of “the commencement or continuation . . . of a judicial, administrative, or other action or
proceeding against the debtor that was or could have been commenced before the commencement
of the case under [the Bankruptcy Code].” 11 U.S.C. § 362(a)(1). Accordingly, it is
ORDERED:
1. This case is STAYED as to Defendant Joseph P. Chandy. No further action will be
taken as to Mr. Chandy until the automatic stay in bankruptcy court is lifted.
2. The parties are directed to file a joint status report within thirty (30) days, and every
sixty (60) days thereafter, advising the Court as to the status of the relevant bankruptcy
proceedings.

3. The Clerk is directed to terminate the pending Motion for Default Judgment as to
Joseph P. Chandy (Dkt. 19) and cancel the hearing on the motion scheduled for May
26, 2016. The Clerk is further directed to re-open the Motion for Default Judgment as
to Joseph P. Chandy (Dkt. 19) when the stay is lifted.
DONE and ORDERED in Tampa, Florida on May 18, 2016.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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