NASDI LLc v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV)

Filing 96

ORDER: Accordingly, it is hereby ORDERED that all proceedings in this case are stayed pending the disposition of the bankruptcy proceeding. IT IS FURTHER ORDERED that the parties shall submit a status letter by March 30, 2021. SO ORDERED. (Signed by Judge Denise L. Cote on 12/7/2020) (jca)

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Case 1:17-cv-03578-DLC-SLC Document 96 Filed 12/07/20 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------- X : NASDI LLC, : Plaintiff, : : -v: : SKANSKA KOCH INC. KIEWIT INFRASTRUCTURE : CO. (JV) d/b/a SKANSKA KIEWIT JV, : : : Defendant. : --------------------------------------- X 17cv3578 (DLC) ORDER DENISE COTE, District Judge: On December 4, 2020, plaintiff/counterclaim-defendant NASDI LLC (“NASDI”) gave notice that an involuntary bankruptcy petition had been filed against it in the U.S. District Court for the District of Massachusetts on November 5, 2020. Pursuant to 11 U.S.C. §362(a)(1), this petition has the effect of staying any action “to recover a claim against the debtor that arose before the commencement of the case under this title.” Because defendant/counterclaim-plaintiff Skanska Koch Inc. Kiewit Infrastructure Co. (JV) asserts counterclaims against NASDI that arose prior to the commencement of the bankruptcy proceedings, this action must be stayed. Accordingly, it is hereby ORDERED that all proceedings in this case are stayed pending the disposition of the bankruptcy proceeding. Case 1:17-cv-03578-DLC-SLC Document 96 Filed 12/07/20 Page 2 of 2 IT IS FURTHER ORDERED that the parties shall submit a status letter by March 30, 2021. SO ORDERED: Dated: New York, New York December 7, 2020 __________________________________ DENISE COTE United States District Judge 2

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