Castro Bruno et al v. Rossi et al

Filing 24

ORDER denying without prejudice 21 Motion for Entry of Default; granting in part and denying in part without prejudice 22 Motion to Withdraw as Attorney. Upon the conclusion of the bankruptcy proceedings, defense counsel is DIRECTED to promptly file notice of the same. Signed by Senior Judge W. Earl Britt on 6/8/2018. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-911-BR
EDDI ROBERTO CASTRO BRUNO,
et al.,

)
)
)
Plaintiffs,
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)
v.
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)
JUAN ARMANDO ROSSI, et al.,
)
)
Defendants.
)
____________________________________)

ORDER

This matter is before the court on review of the docket in this case.
By way of background, on 17 November 2016, plaintiffs filed this lawsuit asserting
claims for overtime wages under the Fair Labor Standards Act. Shortly thereafter, defendant
Juan Armando Rossi filed a petition in bankruptcy, and the court recognized that this action was
therefore stayed as to him pending the bankruptcy. (1/17/17 Text Order.) On 31 March 2017, on
plaintiffs’ motion, the Clerk entered default as to all defendants except Rossi. (DE # 20.) On 6
September 2017, after the bankruptcy court dismissed Rossi’s bankruptcy case, plaintiffs moved
for entry of default against Rossi. (DE # 21.) The following day, defense counsel filed a motion
to withdraw from representation of all defendants. (DE # 22.) One week later, plaintiffs notified
the court that Rossi had filed a new bankruptcy petition and that such filing operated to stay this
case against Rossi. No further activity has occurred in the case.
Because this case remains stayed against Rossi pending his bankruptcy, the court
DENIES WITHOUT PREJUDICE plaintiffs’ motion for entry of default as to Rossi. As for
defense counsel’s motion to withdraw, it is ALLOWED as to defendants Rossi Group, Inc.,
Rossi Restaurant Group, Inc., Rossi Consolidated, Inc., and Rossi NC, Inc. and DENIED

WITHOUT PREJUDICE as to Rossi. Upon the conclusion of the bankruptcy proceedings,
defense counsel is DIRECTED to promptly file notice of the same.
This 8 June 2018.

__________________________________
W. Earl Britt
Senior U.S. District Judge

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