Bluestone Resources Inc. et al v. Greensill Capital (UK) Limited et al

Filing 43

ORDER granting 37 Letter Motion to Stay re: 37 LETTER MOTION to Stay addressed to Judge Jesse M. Furman from William H. Taft V dated August 26, 2021. IT IS HEREBY ORDERED AS FOLLOWS: Upon entry of an order by the Bankruptcy Co urt (if any) granting the Joint Administrators the benefit of a Chapter 15 Stay with respect to this action, all deadlines in this action shall be automatically and immediately stayed as to the Individual Defendants for 90 days, including, without limitation, the deadline for the Individual Defendants to answer or otherwise respond to the Complaint, until December 20, 2021, provided that in the event a Chapter 15 Stay is modified or lifted by an order of the Bankruptcy Court in connection wi th this action or a Chapter 15 Stay otherwise is no longer in effect with respect to this action (the "Stay Termination"), (i) the parties shall promptly jointly inform the Court, (ii) the stay as to the Individual Defendants shall autom atically and immediately terminate as of the date of the Stay Termination, and (iii) all Defendants shall have 30 days from the date of such joint notice to the Court to answer or otherwise respond to the Complaint. In the event the Joint Administ rators do not obtain the benefit of a Chapter 15 Stay with respect to this action at the Recognition Hearing, all deadlines in this case shall be stayed as to all Defendants, including, without limitation, Defendants' deadline to answer or oth erwise respond to the Complaint, until October 20, 2021. In the event a Defendant responds to the Complaint with a motion pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, Plaintiffs shall have 60 days from such Defendant's deadl ine to answer or otherwise respond to the Complaint (as applicable and as set forth herein) to respond to such motion and the moving Defendants shall have 21 days for their reply in support of such motion. In light of this Order, the initial pretri al conferenceis ADJOURNED sine die. The parties shall promptly file a joint letter when any stay is lifted, at which time the Court will reschedule the initial pretrial conference. For avoidance of doubt, the parties still must promptly notify the Court of the outcome of the September 10, 2021 bankruptcy hearing. See ECF No. 36. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 9/9/21) (yv)

Case 1:21-cv-02253-JMF Document 43 Filed 09/09/21 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
____________________________________________
x
:
BLUESTONE RESOURCES, INC.,
:
BLUESTONE COAL SALES CORPORATION,
:
BLACKSTONE ENERGY, LTD.,
:
JAMES C. JUSTICE II,
:
CATHY L. JUSTICE, AND
:
JAMES C. JUSTICE III
:
:
Plaintiffs.
:
:
v.
:
:
:
GREENSILL CAPITAL (UK) LIMITED,
:
ALEXANDER GREENSILL,
:
ROLAND HARTLEY-URQUHART
:
:
:
Defendants.
:

Civil Action No. 1:21-cv-02253 (JMF)
[Proposed] Order

[PROPOSED] ORDER GRANTING LIMITED STAY
WHEREAS, on March 16, 2021, the Plaintiffs filed a Complaint in this action (Dkt. 8)
(as amended, the “Complaint”);
WHEREAS, on June 4, 2021, the Plaintiffs filed an Amended Complaint in this action
(Dkt. 20);
WHEREAS, on June 21, 2021, the Court ordered the Defendants to answer or otherwise
respond to the Complaint by September 13, 2021 (Dkt. 29);
WHEREAS, on August 18, 2021, the joint administrators (the “Joint Administrators”) of
Defendant Greensill Capital (UK) Limited (“GCUK”) filed with the United States Bankruptcy
Court for the Southern District of New York (the “Bankruptcy Court”) a petition (the “Petition”)
seeking recognition of GCUK’s administration proceedings under the United Kingdom’s

Case 1:21-cv-02253-JMF Document 43 Filed 09/09/21 Page 2 of 3

Insolvency Act of 1986 as a foreign main proceeding pursuant to Chapter 15 of the United States
Bankruptcy Code (the “Chapter 15 Case”) (Dkt. 35);
WHEREAS, the Bankruptcy Court has scheduled a hearing on the Petition for September
10, 2021 (the “Recognition Hearing”);
WHEREAS, on August 23, 2021, the Court, among other things, extended the
Defendants’ deadline to answer or otherwise respond to the Complaint to September 20, 2021
and rescheduled the initial pretrial conference then scheduled for September 20, 2021 to
September 27, 2021 (Dkt. 36);
WHEREAS, in the event the Bankruptcy Court grants recognition of the Petition, this
action may be stayed against GCUK pursuant to 11 U.S.C. §§ 362, 1520(a)(1) (a “Chapter 15
Stay”); and
WHEREAS, on September 2, 2021, following submission by Defendants Alexander
Greensill and Roland Hartley-Urquhart (the “Individual Defendants”) of a letter motion
requesting that the Court stay this action with respect to themselves, with such stay to be “coterminous” with a Chapter 15 Stay, and a letter submitted by Plaintiffs opposing such relief but
consenting to a limited stay of this action with respect to the Individual Defendants of 90 days in
the event the Joint Administrators obtain a Chapter 15 Stay, the Court granted a temporary stay
and directed the parties to submit an agreed-upon order for a temporary stay along the lines
proposed by Plaintiffs in their letter (Dkt. 41);
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.

Upon entry of an order by the Bankruptcy Court (if any) granting the Joint

Administrators the benefit of a Chapter 15 Stay with respect to this action, all deadlines in this
action shall be automatically and immediately stayed as to the Individual Defendants for 90 days,

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Case 1:21-cv-02253-JMF Document 43 Filed 09/09/21 Page 3 of 3

including, without limitation, the deadline for the Individual Defendants to answer or otherwise
respond to the Complaint, until December 20, 2021, provided that in the event a Chapter 15 Stay
is modified or lifted by an order of the Bankruptcy Court in connection with this action or a
Chapter 15 Stay otherwise is no longer in effect with respect to this action (the “Stay
Termination”), (i) the parties shall promptly jointly inform the Court, (ii) the stay as to the
Individual Defendants shall automatically and immediately terminate as of the date of the Stay
Termination, and (iii) all Defendants shall have 30 days from the date of such joint notice to the
Court to answer or otherwise respond to the Complaint.
2.

In the event the Joint Administrators do not obtain the benefit of a Chapter 15

Stay with respect to this action at the Recognition Hearing, all deadlines in this case shall be
stayed as to all Defendants, including, without limitation, Defendants’ deadline to answer or
otherwise respond to the Complaint, until October 20, 2021.
3.

In the event a Defendant responds to the Complaint with a motion pursuant to

Rule 12(b) of the Federal Rules of Civil Procedure, Plaintiffs shall have 60 days from such
Defendant’s deadline to answer or otherwise respond to the Complaint (as applicable and as set
forth herein) to respond to such motion and the moving Defendants shall have 21 days for their
reply in support of such motion.
9th
IT IS SO ORDERED this __________ day of September, 2021.

In light of this Order, the initial pretrial conference
BY THE COURT:
is ADJOURNED sine die. The parties shall
promptly file a joint letter when any stay is lifted,
at which time the Court will reschedule the
initial pretrial conference. For avoidance of
_______________________
doubt, the parties still must promptly notify
Jesse M. Furman
the Court of the outcome of the September 10,
United States District Judge
2021 bankruptcy hearing. See ECF No. 36.

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