PURVIS v. Blitz USA Inc et al

Filing 17

ORDER staying case as to Defendant Blitz, USA. Case will proceed as to other defendants. Ordered by Judge Hugh Lawson on 11/15/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
SHERRI PURVIS, for individually
and as next friend and natural
guardian JAMES C. PURVIS,

:
:
:
:
Plaintiff,
:
:
v.
:
:
BLITZ, U.S.A., INC., WAL-MART
:
STORES, INC., WAL-MART
:
STORES EAST, L.P., and WAL:
MART STORES EAST, INC.,
:
:
Defendants.
:
_______________________________ 

Case No. 7:11-cv-111 (HL)

ORDER
On November 9, 2011, Blitz U.S.A., Inc., LAM 2011 Holdings, LLC, Blitz
Acquisition Holdings, Inc., Blitz Acquisition, LLC, Blitz RE Holdings and F3
Brands, LCC filed bankruptcy proceedings in the United States Bankruptcy Court
for the District of Delaware by filing voluntary petitions for relief under chapter 11
of title 11 of the United States Code. Defendant Blitz U.S.A., Inc. has filed a
notice of bankruptcy in this proceeding.
All judicial proceedings against the debtor are automatically stayed under
11 U.S.C. § 362(a)(1). Accordingly, this case is stayed as to Defendant Blitz,
U.S.A., Inc. until there is a ruling from the bankruptcy court lifting the stay of the
proceedings.

This 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 15th day of November, 2011.

s/Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
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