Wooton v. CL, LLC et al

Filing 89

ORDER granting 74 Motion for Judgment on the Pleadings; denying as moot 78 Motion to Alter Judgment and denying motion to amend complaint; and, denying 87 Motion for Extension of Time to Complete Discovery - Where the Midgetts, Chicouris, and M idgett Realty have each been dismissed as defendants in this action, plaintiff's claims remain only against defendant CL, LLC ("CL"), Terrence Coyle ("Coyle"), and Jay Robert Lundblad ("Lundblad"). Also pending are the Midgetts' crossclaims against these three defendants. Pursuant to the case management order, as amended, the parties have until February 28, 2011, to file any dispositive motions. Default was entered against CL and Coyle by order dated Janua ry 28, 2010. Although Lundblad has yet to appear in this matter, he is protected by the automatic stay provision of 11 U.S.C. § 362 by virtue of his voluntary bankruptcy petition filed in the United States Bankruptcy Court for the Western Distri ct of Pennsylvania on or about March 12, 2010. Counsel for plaintiff and counsel for crossclaimants Anderson and Stockton Midgett shall notify the court immediately upon the conclusion of the bankruptcy proceedings involving Lundblad by filing with t his court a notice stating the disposition of the bankruptcy case and including the final order in the bankruptcy matter or other disposing order issued by the bankruptcy court. Signed by Chief Judge Louise Wood Flanagan on 12/28/2010. Copies served electronically. (Baker, C.)