RDLG, LLC v. RPM Group, LLC et al

Filing 90

ORDER denying without prejudice 72 Motion for Summary Judgment ; action stayed as to Defendant Dexter Hubbard pending bankruptcy proceedings. Signed by Magistrate Judge Dennis Howell on 8/22/12. (Pro se litigant served by US Mail.)(bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:10cv204
RDLG, LLC,
Plaintiff,
v.
RPM GROUP, LLC; RPM GROUP
BROKERAGE, LLC; FRED M.
LEONARD, III; JESSICA LEWIS
LEONARD; JASON BENTON;
NICK JAMES; and DEXTER
HUBBARD,
Defendants.
__________________________________

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ORDER

Defendant Dexter Hubbard filed a Motion for Summary Judgment on
May 1, 2012. On June 12, 2012, Defendant Hubbard filed a Suggestion of
Bankruptcy Upon the Record [# 79] indicating that he had filed for
bankruptcy protection with the United States Bankruptcy Court for the
Western District of North Carolina, Case Number 12-20098. Accordingly, the
Court directed the parties to Show Cause in writing by August 17, 2012,
whether this case is subject to an automatic stay pursuant to 11 U.S.C. § 362.

In addition, the Court directed the parties to show cause whether, assuming that the
claims against Defendant Hubbard are subject to such a stay, the Court may
proceed with the trial as to the remaining Defendants on October 15, 2012.
Both parties agree that the claims as to Defendant Hubbard are subject to an

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automatic stay. In addition, both parties agree that this stay does not impact the
October 15, 2012, trial date as to the remaining Defendants. Accordingly, the
Court STAYS the claims as to Defendant Dexter Hubbard. Either party may move
to lift the stay upon the resolution of the bankruptcy proceedings or the lifting of
the stay by the bankruptcy court. Prior to filing such a motion, however, counsel
for Plaintiff and Defendant Hubbard shall confer as to whether there is a possibility
of settlement. The trial will go forward as scheduled as to the remaining
Defendants.
In addition, the Court DENIES without prejudice Defendant Hubbard’s
Motion for Summary Judgment [# 72]. Once the stay is lifted as to the claims
asserted against Defendant Hubbard, Defendant Hubbard may file a motion to
renew his previously filed Motion for Summary Judgment. The Court will then
address the merits of Defendant Hubbard’s motion. Defendant Hubbard need not
submit a brief and the Court will issue a ruling based on the previously filed briefs
and materials.

Signed: August 22, 2012

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