Bullard v. Jones et al
Filing
10
ORDER STAYING CASE & ADMINISTRATIVELY CLOSING CASE Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KEVIN BULLARD,
Plaintiff,
Civil Case No. 13-10419
Honorable Patrick J. Duggan
v.
OFFICER RODNEY JONES and
CITY OF DETROIT,
Defendants.
___________________________________/
ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE
This action is pending before this Court against the City of Detroit and City
of Detroit Police Officer Rodney Jones. On July 18, 2013, the City of Detroit filed
a voluntary petition for protection under Chapter 9 of the Bankruptcy Code. On
July 25, 2013, the Honorable Steven Rhodes entered an order confirming the
automatic stay of all proceedings against the City imposed under section 922 of the
Bankruptcy Code upon the filing of the petition (“bankruptcy stay”). In re City of
Detroit, Michigan, No. 13-53846, ECF No. 167 (Bankr. E.D. Mich. July 25, 2013.)
The bankruptcy stay applies to “judicial, administrative, or other action[s] or
proceeding[s] against an officer or inhabitant of the City, including the issuance or
employment of process, that seeks to enforce a claim against the City.” Id. at 3.
The stay restrains and enjoins all persons from inter alia “(a) commencing or
continuing any judicial, administrative or other proceeding against the City . . . that
was or could have been commenced before the City’s chapter 9 case was
commenced” and “(b) recovering a claim against the City that arose before the
commencement of its chapter 9 case . . ..” Id. at 2.
Plaintiff’s action against the City and its officers seeking to recover
damages, which by law the City may be obliged to satisfy, must be stayed
according to Judge Rhodes’ order.
Accordingly,
IT IS ORDERED, that the proceedings in this case are STAYED and the
case is CLOSED for administrative and statistical purposes without prejudice;
IT IS FURTHER ORDERED, that if the bankruptcy stay is removed, or a
party obtains relief from the stay, then the case may be reopened upon motion of
any party;
IT IS FURTHER ORDERED, that any party may apply to the bankruptcy
court for relief form the automatic stay under 11 U.S.C. § 362(d)-(g).
Dated: August 9, 2013
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Todd J. Weglarz, Esq.
Michael M. Muller, Esq.
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