Mann et al v. Donald et al

Filing 152

ORDER staying case as to Defendant Powers. Case will move forward as to remaining parties. Ordered by Judge Hugh Lawson on 11/09/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
PIP HENG, RONNY N. ASKEW,
MICHAEL A. WALKER, and GEORGE C.
HASKELL JR.,
Civil Action 7:08-CV-5 (HL)
Plaintiffs,
v.
LIEUTENANT SHERMAN MAINE,
OFFICER JAMIE POWERS, OFFICER
JESSE HOWELL, OFFICER TERRY
BROWN, OFFICER ANDRE YANCEY,
OFFICER JOSEPH SCHNAKE, OFFICER
RODNEY SMITH, OFFICER WILLIE
RATLIFF, and LIEUTENANT DOUGLASS
RIDALL,
Defendants.
ORDER
On November 7, 2011, Defendant Jamie Powers filed a Chapter 13
Bankruptcy Petition in the United States Bankruptcy Court for the Middle District of
Georgia, Valdosta Division. Defendant Powers has filed a notice of bankruptcy in this
case.
11 U.S.C. ' 362(a)(1) provides that all judicial proceedings against the debtor
are automatically stayed. Accordingly, this case is stayed as to Defendant Powers
until there is a ruling from the bankruptcy court lifting the stay.
The automatic stay does not automatically stay judicial proceedings against
non-bankrupt third parties or co-defendants. See, e.g., In re S.I. Acquisition, Inc.,

817 F.2d 1142, 1147 (5th Cir. 1987). The case will continue to move forward as to
the remaining parties.
SO ORDERED, this the 9th day of November, 2011.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh

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