J & J Sports Productions, Inc. v. Romero et al

Filing 8

OPINION AND ORDER, 7 MOTION to Dismiss by J & J Sports Productions, Inc. is GRANTED and all claims against the defendant Antonia Romero are DISMISSED. Signed by Judge Karen K. Caldwell on 4/22/2016.(STC)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION -- LEXINGTON
J&J SPORTS PRODUCTIONS, INC.

CIVIL ACTION NO. 5:14-442-KKC

Plaintiff,
v.

OPINION AND ORDER

ANTONIA ROMERO, individually and
d/b/a Tonita Restaurant,
And TONITA RESTAURANT, LLC
Defendants

*** *** ***
This matter is before the Court on the motion to dismiss filed by the plaintiff (DE 7) in
which the plaintiff seeks to voluntarily dismiss its claims against one of the defendants in
this action, Antonia Romero, pursuant to Federal Rule of Civil Procedure 41(a)(2).
Before the plaintiff filed this motion, Romero had filed a petition for relief under
Chapter 7 of the United States Bankruptcy Code. (DE 6, Notice.) The Court agrees with
those courts that have determined that a Rule 41 dismissal does not violate the automatic
state provision set forth in 11 U.S.C. § 362. See Arnold v. Garlock Inc., 288 F.3d 234 (5th
Cir.2002); Slay v. Living Ctrs. E., Inc., 249 B.R. 807 (S.D.Ala.2000); Chase Manhattan
Bank, N.A. v. Celotex Corp., 852 F.Supp. 226 (S.D.N.Y.1994).
Accordingly, the Court hereby ORDERS that the motion to dismiss (DE 7) is GRANTED
and all claims against the defendant Antonia Romero are DISMISSED.
Dated April 22, 2016.