Hersey v. WPB Partners, LLC

Filing 30

ORDER: By operation of the provisions of 11 U.S.C. § 362, defendants counterclaim is automatically stayed; granting 29 Attorney Somma's Notice of Attorney Withdrawal, and the bankruptcy trustee in plaintiff's bankruptcy case shall file a motion for substitution of party pursuant to Fed. R. Civ. P. 17, on or before 1/13/2012. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Mary Hersey,
Plaintiff
v.

Case No. 11-cv-207-SM

WPB Partners, LLC,
Defendant
O R D E R
By operation of the provisions of 11 U.S.C. § 362,
defendant’s counterclaim is automatically stayed.
The bankruptcy trustee in plaintiff’s Bankruptcy Case, No.
11-13342-JMD, United States Bankruptcy Court, District of New
Hampshire, shall file a motion for substitution of party pursuant
to Fed. R. Civ. P. 17, if the trustee chooses to pursue the case,
or an appropriate pleading if not, on or before January 13, 2012.
Failure to respond will result in a dismissal without prejudice
for failure to prosecute.
Attorney Somma's Notice of Attorney Withdrawal, Doc. No. 29,
is treated as a motion for leave to withdraw (L.R. 83.6(d)),
which motion is granted.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
December 5, 2011

cc:

Mary Hersey, pro se
Edmond J. Ford, Esq.
Lawrence Sumski, Trustee

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