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)

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
[phone](~AIN}

[phone] (FACSIMILE)

www.richardrosenlaw.com

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: [phone]

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. §362 (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

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