Beumer Corporation v. Bloom Lake Iron Ore Mine Limited Partnership

Filing 42

Memorandum and Order: The parties filed a Joint Status Report on November 25, 2015, in which they report that the Canadian bankruptcy stay under the CCAA has been extended to January 29, 2016. (Doc. 41 .) Therefore, this case is stayed, nunc pro tunc April 28, 2015, and treated as closed for statistical purposes. Counsel shall file a Joint Status Report by April 30, 2016 stating whether the bankruptcy case is resolved or whether this case should be reactivated for the purpose of setting a case schedule. Judge Sara Lioi on 12/7/2015. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

BEUMER CORPORATION,

PLAINTIFF,
vs.
BLOOM LAKE IRON ORE MINE
LIMITED PARTNERSHIP,
DEFENDANT.

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CASE NO. 1:13cv1513

JUDGE SARA LIOI
Mag. Judge Kenneth S. McHargh
MEMORANDUM AND ORDER

The plaintiff filed an Amended Complaint in this case on October 1, 2013.
(Doc. 17.) In their Answer, defendant raised a counterclaim. (Doc. 31.)
At a telephone conference held on April 28, 2015, the court was first
notified that defendant Bloom Lake, an Ontario limited partnership, was the subject of
insolvency proceedings under Canada’s Companies’ Creditors Arrangement Act, R.S.C.
1985, c. C-36 (Can.) (“CCAA”), pursuant to a Canadian court’s CCAA Initial Order dated
January 27, 2015. The proceedings in this court have been stayed since that time. The case
was recently assigned to the undersigned on October 6, 2015.
The parties filed a Joint Status Report on November 25, 2015, in which they
report that the Canadian bankruptcy stay under the CCAA has been extended to January 29,
2016. (Doc. 41.)
This matter is stayed pending completion of the CCAA bankruptcy
proceedings or Court-ordered lifting of bankruptcy stay. See, e.g., Banyan Licensing, Inc. v.
Orthsupport Int’l, Inc., No. 3:00CV7038, 2002 WL 31059365, at *1-*2 (N.D. Ohio Aug.

15, 2002) (extending comity to actions of Canadian bankruptcy courts); Tradewell, Inc. v.
American Sensors Elec., Inc., No. 96CIV2474, 1997 WL 423075 (S.D. N.Y. July 29, 1997)
(CCAA meets procedural fairness requirements for comity). Therefore, this case is stayed,
nunc pro tunc April 28, 2015, and treated as closed for statistical purposes. Counsel shall
file a Joint Status Report by April 30, 2016 stating whether the bankruptcy case is resolved
or whether this case should be reactivated for the purpose of setting a case schedule.
IT IS SO ORDERED.

Dated: December 7, 2015
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE