JONES v. FAIRBANK RECONSTRUCTION CORP et al

Filing 42

PROCEDURAL ORDER & ORDER TO SHOW CAUSE, Status Report due by 6/19/2012. By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
EMMIE JONES, as Parent and
Guardian of MJ, a minor,

)
)
)
Plaintiff,
)
) Docket no. 2:11-cv-437-GZS
v.
)
)
FAIRBANK RECONSTRUCTION CORP. )
et al,
)
)
Defendants.
)
PROCEDURAL ORDER & ORDER TO SHOW CAUSE
Pursuant to the Court’s April 25, 2012 Order (ECF No. 38), the parties have filed three
separate responses to the Order to Show Cause. All of the responses indicate that the issue of
lifting the automatic stay remains pending before the Bankruptcy Court and will be determined
on June 15, 2012 or shortly thereafter. Thus, there remains uncertainty as to whether this matter
will proceed with one or two defendants. As a result, it remains unclear whether the Court
would allow Fairbank to proceed with a cross-claim against GOPAC when the claims that serve
as the basis for such a cross-claim are stayed. Obviously, a decision to lift the automatic stay
would readily resolve these issues.
Under these circumstances, the Court believes that it would be an inefficient use of
judicial resources (and the parties’ own resources) to move forward with motion practice or
discovery regarding Plaintiff’s claims against GOPAC. Rather, the Court has determined that
staying this entire matter until June 19, 2012 will hopefully allow for resolution of Fairbank’s
status in this case.
Therefore, this entire case shall be STAYED pending further order of this Court. The
parties are hereby ORDERED to provide the Court with another status update on or before June
19, 2012. Upon review of those reports, the Court will determine how the case should proceed.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 14th day of May, 2012.