National Physicians Holding Company et al v. Middlebury Equity Partners LLC et al

Filing 86

ORDER requiring the stay in this case to remain in effect; Defendant Enright to file written notice to the Court within one week of the conclusion of bankruptcy matter. Ordered by Judge Hugh Lawson on 11/17/2011. (nbp)

National Physicians Holding Company et al v. Middlebury Equity Partners LLC et al

Doc. 86

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA V A L D O S TA DIVISION N A T IO N A L PHYSICIANS HOLDING C O M P A N Y , et al., : : : P la in tiffs , : : v. : : M ID D L E B U R Y EQUITY PARTNERS, : L L C ., et al., : : D e fe n d a n ts . : : _______________________________ :

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ORDER B e fo re the Court is the status report of Defendant Middlebury Equity Partners, L L C ("Middlebury") (Doc. 85). Middlebury asks the Court in its report to continue the s ta y in this case until the bankruptcy matter involving Defendant Todd Michael E n rig h t ("Enright") is resolved. The Plaintiffs have not filed a response to

M id d le b u ry 's request to continue the stay. In its September 17, 2010 order the Court indicated that continuing the stay w o u ld be likely since it makes sense to proceed with this case only once all the D e fe n d a n ts are able to participate. The order also stated that the Court would c o n s id e r lifting the stay if the Plaintiffs asked to do so based on a desire to promptly re s o lv e their case. A fte r considering the information before it, the Court believes continuing the

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stay in this case is appropriate. The bankruptcy matter involving Enright is pending a n d he remains unable to participate. Enright is affiliated with Middlebury. With two D e fe n d a n ts ' abilities to participate in the case compromised, it is not in the best in te re s t of judicial economy to proceed with the case against the remaining D e fe n d a n ts . No reason has been given by the Plaintiffs to lift the stay. A c c o rd in g ly , the stay in this case will remain in effect until the Enright b a n k ru p tc y matter is concluded. Enright is ordered to file a written notice informing th e Court that the bankruptcy matter has ended within one week of the bankruptcy m a tte r concluding. S O ORDERED, this the 17 th day of November, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE lm c

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