Pena v. Blue Beverage Group et al

Filing 86

ORDER: Accordingly, the within matter is hereby dismissed without prejudice. (Signed by Judge Kenneth M. Karas on 9/14/2021) (rro)

case 7:H5-cv-05056-KMK-AEK Document 85 Filed 09/13/21 Page 1 of 2

Case 7:16-cv-05056-KMK-AEK Document 86 Filed 09/14/21 Page 1 of 2
Attorneys for Plaintiff: Luis Pefia
EDWARD F. WESTFIELD, P.C.
EDWARD F. WESTFIELD, ESQ. (NYS BAR No. 1718287)
3 West 35 th Street - 6 th Floor
New York, NY 10001
Tel. : [phone]
Fax: [phone]
E: [e-mail]

-AND-

Hyderally & Associates, P.C.
TY HYDERALLY, ESQ. (NJSBA 85013)
33 PLYMOUTH STREET, SUITE 202
MONTCLAIR, NEW JERSEY 07042
TELEPHONE[phone]
FACSIMILE [phone]
E: [e-mail]
Attorneys for Plaintiff: Luis Pefia

UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK

LUIS PENA,

CIVIL ACTION No: 16-CV-05056-KMK

PLAINTIFF,

vs.

ORDER

BLUE BEVERAGE GROUP,
DEFENDANTS.

THE HONORABLE ANDREW E. KRAUSE, U .S.M.J.

In October 2020, this order of reference for general pretrial supervision was reassigned to
the undersigned.
On April 25, 2019, Defendant notified the Court that it had filed for bankruptcy. ECF No.
78. As a result, the Court stayed this action pending the resolution of the bankruptcy proceeding.
ECFNo. 80.
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Case 7:16-cv-05056-KMK-AEK Document 85 Filed 09/13/21 Page 2 of 2

Case 7:16-cv-05056-KMK-AEK Document 86 Filed 09/14/21 Page 2 of 2

On August 23, 2021, the Court was provided with an update on the status of the Bankruptcy
of Defendant Blue Beverage Group reflecting that the Chapter 11 case was converted to Chapter
7 and Howard Magaliff was appointed Chapter 7 trustee; and further that Plaintiff Luis Pena' s
proof of claim will be resolved in the Bankruptcy Court and thus Plaintiff's counsel should dismiss
this action. ECF No. 82.
Pursuant to the Court' s September 7, 2021 Order (ECF No . 83), on September 10, 2021 ,
Plaintiff's counsel advised the Court that in light of the report of the Trustee of the developments
in the Bankruptcy of Defendant Blue Beverage Group, Plaintiff consents to dismissal of the within
matter without prejudice. ECF No. 84.
Accordingly, the within matter is hereby dismissed without prejudice.

DATED:

/1 'I/

9

d- o:J

I

White Plains, New York

ANDREW-E?KltAU~ J{).ui):n I cl:,
UNITED STATES MAGISTRATE JUDGE

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