Schwartzco Enterprises, LLC et al v. TMH Management, LLC et al

Filing 54

ORDER STAYING CASE for Bankruptcy or Appeal Proceeding Re: 53 Notice of Filing Bankruptcy by Defendant Rosberg ("Suggestion of Bankrtupcy") and Request for Confirmation of Stay Under 11 USC § 362 - The Court confirms the operation of the automatic stay under 11 U.S.C. § 362(a) as to the Defendant Justin Rosberg. See Supernova 330 LLC v. Gazes, 693.f.3d. 138, 141 (2d Cir. 2012). So Ordered by Judge Arthur D. Spatt on 5/22/15. (Coleman, Laurie)

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Case 2:14-cv-01082-ADS-AYS Document 53 Filed 05/21/15 Page 1 of 2 PageiD #: 1049 THE RICHARD L. ROSEN LAW FIRM, PLLC ATTORNEYS AT LAW 110 East 591h Street, 23'd Floor New York, New York 10022 (212)644-6644(~AIN} (212) 644-3344 (FACSIMILE) RICHARD L. ROSEN LEONARD S. SALIS 0 JOHN A. KAROL KENNETH L. LEIBY, JR .0 COUNSEL MICHELLE MURRAY-BERTRAND RACHEL TZAPP 0 ASWCLITES MEMBER NY AND NJ BARS 0 May 21, 2015 VIAECF Hon. Arthur D. Spatt United States District Judge United States District Court 100 Federal Plaza P.O. Box 9014 Central Islip, New York 11722 Courtroom 1020 Telephone: (631) 712-5620 Re: * MAY 2 .-=: 2015 * LONG ISLAND OFFICE Schwartzco Enterprises, LLC et al v. TMH Management, LLC et al U.S.D.C., S.D.N.Y. Index No. 2:14-cv-01082-ADS-GRB "Suggestion of Bankruptcy" of Defendant Justin Rosberg Dear Judge Spatt: We are counsel for Plaintiffs. We write to inform the Court that apparently on 12/10/2014, Defendant Justin Rosberg filed a voluntary Chapter 7 proceeding pro se in the United States Bankruptcy Court for the District of New Hampshire (Manchester), bearing Index. No. 14-12365-JMD (the Rosberg Bankruptcy). Defendant Rosberg did not list this instant matter on his petition in the Rosberg Bankruptcy as a potential contingent claim, and did not list Plaintiffs as potential creditors. Plaintiffs therefore did not have any notice of the Rosberg Bankruptcy, and only recently learned of it independently though counsel's research. (Upon information and belief, Defendant Rosberg was, or should have been, aware of Plaintiffs' claims against him, See e.g. Dkt. No. 15,6112114 Aff. of Service Upon Defendant Rosberg). For the Court's convenience, true and correct copies of the docket of the Rosberg Bankruptcy and the creditor's matrix in the Rosberg Bankruptcy (which does not list Plaintiffs for "notice"), are attached hereto as composite "Exhibit A." Plaintiffs respectfully submit that as a result of Defendant Rosberg's filing for bankruptcy protection, this action is stayed with respect to him under 11 U.S.C. ยง362 (unless this Court wishes to exercise and retain jurisdiction over this dispute). Case 2:14-cv-01082-ADS-AYS Document 53 Filed 05/21/15 Page 2 of 2 PageiD #: 1050 Plaintiffs therefore respectfully request either (1) confirmation from this Court that this action is stayed with respect to the claims concerning Defendant Rosberg, so that they can proceed with this matter against the other defendants, or (2) confirmation that this Court chooses to retain and exercise jurisdiction over Plaintiffs' claims with respect to Defendant Rosberg. Plaintiffs alternatively request all such further relief as may be just and equitable under the circumstances. Respectfully Submitted, _ _ ___:Is!_ _ _ __ John A. Karol (JK-9899) cc: William Kelly, Esq. (via ECF) Andrew Zacharda, Esq. (via ECF) Tompkins McGuire Wchenfeld & Berry LLP Counsel for Defendant Brown s/ Arthur D. Spatt 2

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