Curry et al v. Schletter Inc.

Filing 39

ORDER granting Deft's 38 MOTION to Stay Proceedings, and this action is STAYED until further Order of the Court; FURTHER ORDERED parties shall file a status report with the Court every 90 days until such time as the bankruptcy matter is closed. (First Status Report due by 8/13/2018.) Signed by District Judge Martin Reidinger on 5/15/2018. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00001-MR-DLH

BRYAN CURRY, TERRAN BROOKS,
JERMAINE WILLIS, and BRYAN
HOPPER on behalf of themselves
and all others otherwise similarly
situated,

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Plaintiffs,
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vs.
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SCHLETTER, INC.,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Notice of
Pendency of Bankruptcy and Request for Stay of Proceedings [Doc. 38].
The Defendant has filed a notice with the Court that it has filed a
bankruptcy case under Chapter 11 of the United States Bankruptcy Code. It
is well-settled that “[w]hen litigation is pending against the debtor at the time
a bankruptcy case is commenced, the litigation is stayed automatically.” 3
Collier on Bankruptcy ¶ 362.03[3] (16th ed. 2011); see also 11 U.S.C. §
362(a)(1) (providing that a bankruptcy petition operates as an automatic stay
of “the commencement or continuation . . . of a judicial, administrative, or

other action or proceeding against the debtor”). Accordingly, the Court will
stay this action pending the Defendant’s bankruptcy proceedings.
Accordingly, IT IS, THEREFORE, ORDERED that the Defendant’s
Request [Doc. 38] is GRANTED, and this action is hereby STAYED until
further Order of the Court.
IT IS FURTHER ORDERED that the parties shall file a status report
with the Court every ninety (90) days until such time as the bankruptcy matter
is closed.
IT IS SO ORDERED.
Signed: May 15, 2018

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