Medical Search Consultants LLC v. Pasture Gate Holdings, Inc. et al

Filing 62

ORDER This matter is hereby STAYED as to Defendant Michael Robert Dunmire until further order of the Court. The parties are DIRECTED TO FILE a status report with the Court every 90 days until the bankruptcy proceeding is completed or the automatic stay is lifted, whichever first occurs. (Status Report due by 4/7/2025). Signed by US Magistrate Judge W. Carleton Metcalf on 1/7/2025. (hms)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00118-MR-WCM
MEDICAL SEARCH CONSULTANTS, )
LLC,
)
)
Plaintiff,
)
v.
)
)
PASTURE GATE HOLDINGS, INC., )
PYXIS NYF LLC, MICHAEL ROBERT )
DUNMIRE, and DENISE MARIE
)
DUNMIRE,
)
)
Defendants.
)
_____________________________________)

ORDER

This matter is before the Court for case management purposes following
the filing of a “Suggestion of Bankruptcy” by Defendant Michael Robert
Dunmire (Doc. 60) and a “Notice of Bankruptcy Stay as to Defendant Michael
Robert Dunmire” by Medical Search Consultants, LLC (Doc. 61).
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. 2014); 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”).

1

Accordingly, this matter is hereby STAYED as to Defendant Michael
Robert Dunmire until further order of the Court.1
The parties are DIRECTED TO FILE a status report with the Court
every ninety (90) days until the bankruptcy proceeding is completed or the
automatic stay is lifted, whichever first occurs.
It is so ordered.
Signed: January 7, 2025

1 The stay ordered herein is limited to Michael Robert Dunmire and does not stay

claims by or against any other party.
2