Community Reinvestment Fund Inc v. Roncor Inc et al

Filing 16

MEMORANDUM RULING : Counsel for Plaintiff is ordered to file into the record by 10/30/09 either: (1) a motion to voluntarily dismiss this action, or (2) a copy of a motion filed in the bankruptcy court that seeks relief from the bankruptcy stay to al low Plaintiff to pursue this action against the Duncans in this court. If counsel chooses the latter route, he shall inform the court in writing of the status of the motion to lift stay on the first day of each month until the motion is decided. Failure to comply with this order may result in the dismissal of the remaining claims for failure to prosecute. Signed by Magistrate Judge Mark L Hornsby on 10/2/09. (crt,Kennedy, T)

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UNITED STATES DISTRICT COURT W E S T ER N DISTRICT OF LOUISIANA S H R E V EP O R T DIVISION C O M M U N I T Y REINVESTMENT F U N D , INC. VERSUS R O N C O R , INC., ET AL C I V I L ACTION NO. 08-cv-2008 J U D G E HICKS M A G I S T R A T E JUDGE HORNSBY M E M O R A N D U M ORDER P l a i n ti f f has obtained a default judgment against the principal defendant. It appears t h a t the only claims remaining in this civil action are those against the individual defendants, Ro nald E. Duncan and Brenda S. Duncan. The court has been advised that the Duncans have f i l ed for bankruptcy protection in the bankruptcy court in the Southern District of Alabama. T h e court has delayed any further steps in this case because of the bankruptcy stay, and to a l l o w counsel for Plaintiff time to consider seeking relief from the stay. There is no in di ca tio n in the record of this case that there is an effort afoot to lift the stay. C o u n s e l for Plaintiff is ordered to file into the record by October 30, 2009 either: ( 1 ) a motion to voluntarily dismiss this action, or (2) a copy of a motion filed in the b a n k r u p t c y court that seeks relief from the bankruptcy stay to allow Plaintiff to pursue this a c t io n against the Duncans in this court. If counsel chooses the latter route, he shall inform t h e court in writing of the status of the motion to lift stay on the first day of each month until t h e motion is decided. Failure to comply with this order may result in dismissal of the r e m a i n in g claims for failure to prosecute. T H U S DONE AND SIGNED in Shreveport, Louisiana, this 2 n d day of October, 2009. Page 2 of 2

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