Spreadbury v. Bitterroot Public Library et al

Filing 192

ORDER STAYING CASE as to Defendant, Lee Enterprises ONLY. Motions terminated: 191 MOTION to Vacate Def Lee Ent Inc All Pending Deadlines filed by Lee Enterprises Incorporated. Signed by Jeremiah C. Lynch on 12/13/2011. (CDH, ) Modified on 12/14/2011 to reflect copy mailed to Spreadbury this date (APP, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION _____________________________________________ MICHAEL E. SPREADBURY, CV 11-64-M-DWM-JCL Plaintiff, vs. ORDER BITTERROOT PUBLIC LIBRARY, CITY OF HAMILTON, LEE ENTERPRISES, INC., BOONE KARLBERG, P.C., DR. ROBERT BROPHY, TRISTA SMITH, NANSU RODDY, JERRY STEELE, STEVE SNAVELY, STEVEN BRUNER-MURPHY, RYAN OSTER, KENNETH S. BELL, and JENNIFER LINT, Defendants. _____________________________________________ Defendant Lee Enterprises, Inc., has advised the Court, through counsel, that a bankruptcy case concerning Lee Enterprises, Inc. has been filed under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. And Lee Enterprises, Inc. requests the Court to stay this action as against it pursuant to the mandate of 11 U.S.C. § 362(a). Lee -1- Enterprises also advises the Court, in accordance with L.R. 7.1(c)(1), that Plaintiff Michael Spreadbury opposes the motion. Upon the filing of a bankruptcy, 11 U.S.C. § 362(a) imposes an automatic stay. Palmdale Hills Property, LLC v. Lehman Commercial Paper, Inc., 654 F.3d 868, 874 (9th Cir. 2011) (citation omitted). The automatic stay prohibits (1) commencing or continuing actions against the debtor that began or could have begun before the bankruptcy was filed, or to recover a pre-petition claim against the debtor; and (2) any act to obtain possession or control of property of or from the estate. Id.; 11 U.S.C. § 362(a)(1) and (3). Because the stay mandated by 11 U.S.C. § 362(a)(1) is automatic, the Plaintiff’s objection to the stay is of no consequence. Therefore, IT IS HEREBY ORDERED that this action is stayed as against Lee Enterprises, Inc. pending further order of the Court. DATED this 13th day of December, 2011 /s/ Jeremiah C. Lynch Jeremiah C. Lynch United States Magistrate Judge -2-

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