Whitney Design, Inc. v. Brabantia Nederland B.V.

Filing 39

ORDER re 38 ORDERED that this case shall continue to be stayed during the pendency of Plaintiff's bankruptcy proceedings or until such time as the bankruptcy court approves of Plaintiff proceeding with the claim. FURTHER ORDERED that upon obtai ning approval of the bankruptcy court to proceed with the claims, or on June 1, 2010, whichever date occurs first, Plaintiff shall file a status report on the bankruptcy proceedings and/or make an appropriate motion as to the extension, modification, or lifting of the stay. Response to Court due by 6/1/2010.. Signed by Magistrate Judge Audrey G. Fleissig on 2/2/10. (CEL)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION WHITNEY DESIGN, INC., Plaintiff, vs. BRABANTIA NEDERLAND B.V., Defendant. ) ) ) ) ) ) ) ) ) ORDER In light of the status report filed with the Court on February 1, 2010, wherein Plaintiff advised the bankruptcy proceedings are still pending, IT IS HEREBY ORDERED that this case shall continue to be stayed during the pendency of Plaintiff's bankruptcy proceedings or until such time as the bankruptcy court approves of Plaintiff proceeding with the claim. IT IS FURTHER ORDERED that upon obtaining approval of the bankruptcy court to proceed with the claims, or on June 1, 2010, whichever date occurs first, Plaintiff shall file a status report on the bankruptcy proceedings and/or make an appropriate motion as to the extension, modification, or lifting of the stay. In the status report, Plaintiff shall advise whether a plan of reorganization has been filed and shall report on any efforts to obtain leave of the bankruptcy court to proceed with this claim. ___________________________________ AUDREY G. FLEISSIG UNITED STATES MAGISTRATE JUDGE Dated this 2nd day of February, 2010.

Case No. 4:08CV01882 AGF