SRS North Carolina Properties, LLC, et al v. CROC, LLC, et al

Filing 47

ORDER DISMISSING WITHOUT PREJUDICE 39 Plaintiff's Motion for Summary Judgment, and DISMISSING WITHOUT PREJUDICE 41 Defendant's Motion for Summary Judgment. Since this matter has been automatically stayed following the filing of the ban kruptcy proceeding, the Court finds that any pending motions shall be dismissed without prejudice for the purposes of judicial efficiency. If thsoe motions are still worthy of judicial consideration at the conclusion of bankruptcy proceeding, the parties are free to re-file the same. Signed by US District Judge Terrence W. Boyle on 8/22/2013. Counsel is directed to read Order in its entirety for critical information. (Fisher, M.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:11-CV-64-BO
SRS NORTH CAROLINA
PROPERTY, LLC and
STEPHEN R. SMITH,

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Plaintiffs,
v.

CROC,LLC,
Defendant.

ORDER

This matter is before the Court on notice that defendant CROC, LLC filed a chapter 11
bankruptcy proceeding in the Eastern District ofNorth Carolina on August 15, 2013. Pursuant to
11 U.S.C. § 362 judicial proceedings against the debtor and the debtor's property will be
automatically stayed during the pendency of the bankruptcy. As this matter has been
automatically stayed following the filing of the bankruptcy proceeding, the Court finds that any
currently pending motions shall be dismissed without prejudice for purposes of judicial
efficiency. If those motions are still worthy of judicial consideration at the conclusion of the
bankruptcy proceeding the parties are free to re-file the same.

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CONCLUSION
For the foregoing reasons the defendant's motion for summary judgment [DE 41] is
DISMISSED WITHOUT PREJUDICE and the plaintiffs motion for summary judgment [DE
39] is DISMISSED WITHOUT PREJUDICE.

SO ORDERED.
This the ;_}.day of August, 2013.

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