O'Rourke v. Limited Stores, LLC

Filing 7

REPORT AND RECOMMENDATION re 1 Complaint filed by Kaitlin O'Rourke in that it is RECOMMENDED that this case be ADMINISTRATIVELY CLOSED unless and until Plaintiff notifies this Court that the bankruptcy court has lifted the automatic stay or concludes the bankruptcy case. Objections to R&R due by 4/11/2017. Signed by Magistrate Judge Kimberly A. Jolson on 3/28/17. (sem)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

KAITLIN O’ROURKE,
Plaintiff,
v.

Civil Action 2:16-cv-1180
Judge Michael H. Watson
Magistrate Judge Jolson

LIMITED STORES, LLC,
Defendant.

REPORT AND RECOMMENDATION
On March 16, 2017, this Court issued an Order noting that Plaintiff had served the
Complaint upon Defendant, the time for filing an answer had passed, and Plaintiff had not
moved for the entry of default. (Doc. 5). Consequently, the Court ordered Plaintiff to show
cause within 14 days why this action should not be dismissed. (Id.). Plaintiff filed a Response to
the Show Cause Order on March 17, 2017, providing notice that Defendant filed for Chapter 11
protection on January 17, 2017, in the United States Bankruptcy Court for the District of
Delaware. (Doc. 6). Plaintiff explains that she filed an adversary proceeding in the Defendant’s
bankruptcy and requests that this matter be held in abeyance until such time as the adversary
proceeding is resolved through the bankruptcy or this action is allowed to resume in this Court.
(Id. at 2).
As a result of Plaintiff’s notice, the Court hereby RECOMMENDS that this case be

ADMINISTRATIVELY CLOSED unless and until Plaintiff notifies this Court that the
bankruptcy court has lifted the automatic stay or concludes the bankruptcy case. See 11 U.S.C.
§ 362(a)(1).
IT IS SO ORDERED.

Date: March 28, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE