Lakegirl, Inc. v. Livnfresh, Inc.

Filing 30

ORDER STAYING CASE. The claims in this action as alleged against Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. are STAYED pending further Order of the Court; and Plaintiff and Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. shall file on CM/ECF a joint, written status update regarding the status of the bankruptcy proceeding and the impact of that proceeding on this case every 120 days from the date of this Order.(Written Opinion). Signed by Magistrate Judge Leo I. Brisbois on 2/15/2018. (JRG)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Lakegirl, Inc.,

Court File No. 17-cv-1510 (JRT/LIB)
Plaintiff,

v.

ORDER

Livnfresh, Inc., et al.,
Defendants.

This matter comes before the undersigned United States Magistrate Judge upon the
routine supervision of the cases that pend before the Court and upon the filing of a “Suggestion
of Bankruptcy,” [Docket No. 29], by Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II,
Inc.; and the Bon-Ton Department Stores, Inc. (hereinafter referred to collectively as the “BonTon Defendants”).
On February 14, 2018, the Bon-Ton Defendants filed a “Suggestion of Banckruptcy,”
[Docket No. 29], informing the Court that the Bon-Ton Defendants had filed for Chapter 11
bankruptcy on February 4, 2018. Counsel for the Bon-Ton Defendants proffered that he believed
these bankruptcy filings may have created an automatic stay of the present proceeding as against
the Bon-Ton Defendants under the Bankruptcy Code. (Id.).
Title 11 of the United States Code, Section 362, provides that a bankruptcy petition
“operates as a stay, applicable to all entities, of the commencement or continuation . . . of a
judicial . . . action or proceeding against the debtor that was or could have been commenced
before the commencement of the case under this title[.]” 11 U.S.C. § 362(a)(1) (emphasis
added).

The Court has verified that on February 4, 2018, the Bon-Ton Defendants filed Chapter
11 Voluntary Petitions for bankruptcy. See, In re the Bon-Ton Stores, Inc., Ch. 11 Case No. 18bk-10248-MFW, [Docket No. 105] (consolidating the three cases for administrative and
procedural purposes). The present action in this Court was filed on May 9, 2017. (Compl.
[Docket No. 1]).
Therefore, IT IS HEREBY ORDERED:
1. That the claims in this action as alleged against Defendants The Bon-Ton Stores, Inc.;
Carson Pirie Scott II, Inc.; and the Bon-Ton Department Stores, Inc. are STAYED
pending further Order of the Court; and
2. That Plaintiff and Defendants The Bon-Ton Stores, Inc.; Carson Pirie Scott II, Inc.; and
the Bon-Ton Department Stores, Inc. shall file on CM/ECF a joint, written status update
regarding the status of the bankruptcy proceeding and the impact of that proceeding on
this case every 120 days from the date of this Order.

Dated: February 15, 2018

s/ Leo I. Brisbois
Leo I. Brisbois
U.S. MAGISTRATE JUDGE

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