Eastern Funding, LLC v. CWI Commercial Laundry Equipment, Inc. et al

Filing 69

ORDER MODIFYING STAY. For the reasons stated in the attached Order, the Court LIFTS the stay of proceedings in this matter as to Defendant CWI Commercial Laundry Equipment, Inc. only. The stay of proceedings as to Defendant Tammy Wisin ski REMAINS IN EFFECT. The parties are ORDERED to file a status report within fourteen (14) days of any change in the status of the automatic stay in Defendant Tammy WIsinski's bankruptcy case or upon the resolution of those proceedings. Signed by Judge David W. Dugan on 11/18/2021. (arm)

Case 3:20-cv-00599-DWD Document 69 Filed 11/18/21 Page 1 of 2 Page ID #347

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EASTERN FUNDING, LLC
Plaintiff,
vs.
CWI COMMERCIAL LAUNDRY
EQUIPMENT, INC.,
TAMMY WISINSKI, and
CRAIG WISINSKI,
Defendants.

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Case No. 20-cv-599-DWD

ORDER MODIFYING STAY
DUGAN, District Judge:

construes as a request to modify the pending stay in this matter as to Defendant CWI
Commercial Laundry Equipment.
On August 19, 2021, this matter was stayed pending the resolution of Defendant
Tammy Wisinski and Defendant CWI Commerci
bankruptcy proceedings (Doc. 67). On November 1, 2021, Plaintiff filed a status report
cy proceedings have been dismissed (Doc.
68). Plaintiff also represen
is ongoing. Plaintiff now asks the Court to lift the pending stay as to Defendant CWI so
Plaintiff can proceed in this matter as to CWI and file a motion for default judgment.
The Court previously made findings concerning the ability of this matter to

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Case 3:20-cv-00599-DWD Document 69 Filed 11/18/21 Page 2 of 2 Page ID #348

ongoing bankruptcy proceedings or her bankruptcy estate (See Doc. 47). Further, no

that copies of the report were mailed to all

estate, and her counsel who previously appeared in this matter. SDIL-LR 7.1 provides
that parties opposing a motion of this kind shall have 14 days after service of the motion

discretion, be considered an admissio

See SDIL-LR 7.1.

Considering the forgoing, the Court finds it appropriate to modify the current stay
of proceedings in this matter. The Court hereby LIFTS the stay of proceedings in this
matter as to Defendant CWI only. The stay of proceedings as to Defendant Tammy
Wisinski (See Docs. 44, 67) REMAINS IN EFFECT. The parties are ORDERED to file a
status report within fourteen (14) days of any change in the status of the automatic stay

proceedings.
SO ORDERED.
Dated: November 18, 2021
___________________________________
DAVID W. DUGAN
United States District Judge

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