Roden v. Synergy Technologies, Inc. et al
Filing
26
ORDER & REASONS: ORDERED that 22 Motion to Stay is GRANTED, and this case is administratively closed pending a timely motion to reopen. Signed by Judge Martin L.C. Feldman. (cml)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ERNEST G. RODEN
CIVIL ACTION
V.
NO. 13-6753
SYNERGY TECHNOLOGIES, INC., ET AL.
SECTION "F"
ORDER AND REASONS
Before the Court is the defendants' motion to stay this case
or, in the alternative, to continue the January 5, 2015 trial date.
For the reasons that follow, the motion to stay is GRANTED pending
the outcome of the bankruptcy appeal.
Background
The background of this case is more fully discussed in this
Court's
prior
Order
and
Reasons
denying
summary
judgment.1
In December 2013, the plaintiff filed this lawsuit against
SteriFX and Synergy alleging claims of patent infringement, fraud,
breach of contract, and theft.
trial on January 5, 2015.
This case is scheduled to go to
The defendants have moved for a stay or
continuance because of a related bankruptcy dispute.
In June of this year, the defendants moved the bankruptcy
court to vacate its dismissal of the plaintiff's bankruptcy case
and to convert the bankruptcy case to a proceeding under Chapter 7,
in which event the proper party plaintiff in this case would be the
1
Dated June 4, 2014, Rec. Doc. 18.
1
Chapter 7 trustee rather than Roden individually.
The Chapter 13
trustee joined the motion, and an evidentiary hearing was held on
August 20, 2014. The bankruptcy court granted the motion, vacating
its
previous
order
and
converting
the
case
to
a
Chapter
7
liquidation.
On
September
3,
2014,
Roden
and
his
wife
appealed
the
bankruptcy court's order to the United States District Court for
the Western District of Louisiana, Monroe Division. The defendants
thus ask for this case to be stayed or continued until resolution
of the appeal pending in the district court. Briefing in that case
was just recently completed.
I.
The district court has a general discretionary power to stay
proceedings before it in the control of its docket and in the
interests of justice.
(5th Cir. 1982).
McKnight v. Blanchard, 667 F.2d 477, 479
Because the outcome of the pending appeal from
the bankruptcy court will determine who is the proper party
plaintiff in this case and will impact the scope of discovery, it
is appropriate to stay this case until an outcome is reached in the
United States District Court for the Western District of Louisiana.
Once the proper party plaintiff has been determined, the parties
are instructed to move to reopen this case, and a scheduling
conference will be held.
Thus, the motion to stay this case is hereby GRANTED, and this
2
case is administratively closed pending a timely motion to reopen.
New Orleans, Louisiana, November 17, 2014
______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE
3
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