WMCV Phase 3, LLC v. Couture International, Inc. et al

Filing 73

ORDER that Plaintiff WMCV Phase 3 LLC's Motion to Lift Stay 68 is GRANTED. The stay is lifted as to Defendant Shusok & McCoy Inc only. Signed by Judge Gloria M. Navarro on 6/1/11. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WMCV PHASE 3, LLC,
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Plaintiff,
vs.

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SHUSHOK & MCCOY, INC., et al.,
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Defendants.

Case No.: 2:10-cv-00661-GMN-RJJ
ORDER

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On May 19, 2011, Defendant Matthew Travis filed a Notice of Bankruptcy (ECF No.

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66). In the one-page attachment to that Notice, the Clerk of the United States Bankruptcy

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Court for the Northern District of Texas indicated that Defendant Travis was formerly known

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as Shushok & McCoy, Inc., which is another named Defendant in this action. Accordingly,

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the Court entered a Minute Order (ECF No. 67) on May 20, 2011 staying the case as to

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Defendants Matthew Travis and Shushok & McCoy, Inc., but also inviting further briefing if

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the parties deemed it appropriate.

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On May 25, 2011, Plaintiff WMCV Phase 3, LLC filed a Motion to Lift the Stay (ECF

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No. 68) as to Defendant Shushok & McCoy, Inc. only. Defendant Couture International, Inc.

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filed a Joinder (ECF No. 70) to that Motion.

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Plaintiff WMCV Phase 3, LLC attached to its Motion Plaintiff Travis’s full bankruptcy

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petition. That petition neither claims to be filed on behalf of Defendant Shushok & McCoy,

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Inc. in any capacity, nor lists Defendant Shushok & McCoy, Inc. as a co-debtor. In light of

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this, the Court deems it appropriate to lift the stay with regard to Defendant Shushok &

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McCoy, Inc., as its continued inclusion in this action will not affect the bankruptcy estate at

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issue in Defendant Travis’s Chapter 13 bankruptcy proceeding.

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IT IS HEREBY ORDERED that Plaintiff WMCV Phase 3, LLC’s Motion to Lift Stay

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(ECF No. 68) is GRANTED. The stay is lifted as to Defendant Shushok & McCoy, Inc. only.

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DATED this 1st day of June, 2011.

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Gloria M. Navarro
United States District Judge

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