Nelson v. Kunkle et al

Filing 56

MEMORANDUM AND ORDER - Plaintiff's Motion to Dismiss Party Julie Kunkle, Filing 54 , is granted; Julie Kunkle is dismissed without prejudice as a party to this action; The case is and remains stayed for bankruptcy proceedings as to the re maining defendant, American Blue Ribbon Holdings, LLC; The parties are ordered to file a joint status report regarding the progress of the bankruptcy proceedings involving American Blue Ribbon Holdings, LLC, every ninety days, starting from the date of this order; and The Clerks Office is ordered to terminate Filing 55 . Ordered by Judge Brian C. Buescher. (Copies mailed to pro se party) (MKR)

8:19-cv-00329-BCB-SMB Doc # 56 Filed: 02/18/21 Page 1 of 2 - Page ID # 153

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BARBARA NELSON,
Plaintiff,
8:19-CV-329
vs.
JULIE KUNKLE, and AMERICAN BLUE
RIBBON HOLDINGS, LLC, a Delaware limited
liability company;

MEMORANDUM AND ORDER

Defendants.
This matter is before the Court on the Motion to Dismiss Party Julie Kunkle, Filing 54, and
the Suggestion of Bankruptcy of American Blue Ribbon Holdings, LLC, Filing 55, both filed by
Plaintiff, Barbara Nelson.
Defendant, American Blue Ribbon Holdings, previously filed a Suggestion in Bankruptcy.
Filing 24 at 1-2. Accordingly, the Court stayed the matter as to American Blue Ribbon Holdings
only. Filing 25 at 1. American Blue Ribbon Holdings also joined defendant Julie Kunkle in filing
a Motion to Compel Arbitration. Filing 16. The Court ordered arbitration and granted a stay as to
Kunkle but denied the motion as to American Blue Ribbon Holdings because the proceedings were
already stayed for bankruptcy as to that defendant. Filing 26 at 14-15. The Court noted American
Blue Ribbon Holdings could reassert its motion to compel arbitration upon conclusion of its
bankruptcy proceedings or lifting of the stay. Filing 26 at 14. It ordered the parties to file a joint
status report regarding the progression of the bankruptcy proceedings every ninety days. Filing 26
at 15. Following Kunkle’s inability to pay the arbitration fees resulting in her waiver of her right
to arbitrate, the Court lifted the arbitration stay as to Kunkle and allowed the case to progress as to
that defendant only. Filing 29 at 2. The case remained stayed for bankruptcy as to American Blue
Ribbon Holdings. See Filing 29 at 1.
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8:19-cv-00329-BCB-SMB Doc # 56 Filed: 02/18/21 Page 2 of 2 - Page ID # 154

Plaintiff now seeks to dismiss defendant Kunkle. Filing 54 at 1. The Court finds that
pursuant to Federal Rule of Civil Procedure 21, Plaintiffs’ claims against Kunkle should be and
are dismissed without prejudice, each party to bear its own costs and fees.
Plaintiff has also filed a Suggestion in Bankruptcy as to American Blue Ribbon Holdings.
Filing 55 at 1-3. However, this case is already stayed for bankruptcy proceedings pursuant to
NEGenR 1.5(a)(1) as to American Blue Ribbon Holdings. Filing 25 at 1. Accordingly, no further
action is necessary on the Suggestion in Bankruptcy.
IT IS ORDERED:
1. Plaintiff’s Motion to Dismiss Party Julie Kunkle, Filing 54, is granted;
2. Julie Kunkle is dismissed without prejudice as a party to this action;
3. The case is and remains stayed for bankruptcy proceedings as to the remaining
defendant, American Blue Ribbon Holdings, LLC;
4. The parties are ordered to file a joint status report regarding the progress of the
bankruptcy proceedings involving American Blue Ribbon Holdings, LLC, every ninety
days, starting from the date of this order; and
5. The Clerk’s Office is ordered to terminate Filing 55.

Dated this 18th day of February, 2021.
BY THE COURT:

___________________________
Brian C. Buescher
United States District Judge

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