Local No. 171 Pension Fund v. Biehl Cleaners, Inc. et al

Filing 64

ORDER granting in part 63] Letter Motion to Stay re: 63 LETTER MOTION to Stay addressed to Judge Jennifer L. Rochon from Michael S. Adler dated May 19, 2023. Pursuant to 11 U.S.C. § 362(a), this action is automatically stay ed only against the debtors, Defendants Biehl Cleaners and Stone Brothers LLC, and not the other co-defendants in this action. See Tchrs. Ins. & Annuity Ass'n of Am. v. Butler, 803 F.2d 61, 65 (2d Cir. 1986) ("It is well-established that stays pursuant to § 362(a) are limited to debtors and do not encompass non-bankrupt co-defendants."). To the extent the parties seek to stay litigation against Delbert M. Stone Revocable Trust, as well, they shall file a joint letter no later than May 26, 2023. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 5/22/2023) (jca)

Case 1:22-cv-02133-JLR Document 64 Filed 05/22/23 Page 1 of 1
Michael S. Adler, Partner
Tel: [phone]
Fax: [phone]
[e-mail]
www.cwsny.com

900 Third Avenue  New York, NY 10022-4869

May 19, 2023
By Electronic Case Filing
The Honorable Jennifer L. Rochon
United States District Judge
Thurgood Marshall
United States Courthouse
40 Foley Square
New York, New York 10007
Re:

Local No. 171 Pension Fund v. Biehl Cleaners, Inc. et al.
1:22-cv-02133-JLR

Dear Judge Rochon:
We represent Plaintiff in the above referenced action.
Plaintiff’s write to inform the court that two of the Defendants (Biehl Cleaners Inc.
and Stone Brothers LLC) have filed for Bankruptcy in the Central District of Illinois. I have
attached counsel’s email and accompanying notices.
Accordingly, it appears that this case should be stayed.
Respectfully Submitted,
/s/ Michael S. Adler
Michael S Adler
MSA:gtk
Attachments
Pursuant to 11 U.S.C. § 362(a), this action is automatically stayed only against the debtors,
Defendants Biehl Cleaners and Stone Brothers LLC, and not the other co-defendants in this action.
See Tchrs. Ins. & Annuity Ass'n of Am. v. Butler, 803 F.2d 61, 65 (2d Cir. 1986) ("It is wellestablished that stays pursuant to § 362(a) are limited to debtors and do not encompass nonbankrupt co-defendants."). To the extent the parties seek to stay litigation against Delbert M. Stone
Revocable Trust, as well, they shall file a joint letter no later than May 26, 2023.
Dated: May 22, 2023
New York, New York
9934156.1

SO ORDERED.

JENNIFER L. ROCHON
United States District Judge