Martin v. Behr Dayton Thermal Products LLC et al

Filing 92

ORDER: 1. Plaintiffs' Motion to Lift the Administrative Stay (Doc. # 82 ) is GRANTED, and the stay of this case is LIFTED, except as to Defendant Chrysler LLC; 2. The Clerk of Court is directed to REOPEN on the docket of the Court the present case Terry Martin, et al. v. Chrysler LLC, et al., 3:08cv00326; and 3. The present case remains consolidated with both First Property Group, 3:08cv00329 and Spears, 3:08cv00331 for the limited purpose of conducting discovery on class certification issues. Signed by Magistrate Judge Sharon L Ovington on 4/14/11. (bac1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TERRY MARTIN, et al.,
Plaintiffs,

:

BEHR DAYTON THERMAL
PRODUCTS LLC, et al.,

Case No. 3:08cv00326

:

vs.

:

District Judge Walter Herbert Rice
Magistrate Judge Sharon L. Ovington

:
:

Defendants.

ORDER

This case was previously consolidated with two other similar cases for the limited
purpose of conducting discovery on class certification. (Doc. #60). The two other cases
are captioned, Kimberly Spears, et al. v. Chrysler LLC, et al., 3:08cv00331 (Spears) and
First Property Group, LTD, et al. v. Behr Dayton Thermal Products, LLC et al.,
3:08cv00329 (First Property Group). Each of these three cases was later stayed and
administratively processed under the automatic stay provision of bankruptcy code, 11
U.S.C. §362. The stay has since be lifted in Spears and First Property Group, except as
to Defendant Chrysler LLC.
The presents case is before the Court upon Plaintiffs’ Motion to Lift the
Administrative Stay and permit discovery to continue (Doc. #82), Defendants’ (except
Chrysler LLC) Response (Doc. #86), and Plaintiffs’ Reply (Doc. #87). Defendants take

no position, and thus do not oppose, lifting the administrative stay. (Doc. #86 at 1096).
In the absence of opposition by Defendants, Plaintiffs’ Motion to Lift the Administrative
Stay will be granted.
Defendants assert that several outstanding issues need to be resolved before the
parties should be required to continue with discovery or enter into a revised Joint Case
Management Order. Decisions resolving who will be appointed interim lead counsel and
resolving the pending discovery motions will issue in near future.
Lastly, lifting the stay in the present case does not effect Defendant Chrysler LLC,
which remains subject to bankruptcy protection and to the automatic stay provision of the
bankruptcy code.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiffs’ Motion to Lift the Administrative Stay (Doc. #82) is
GRANTED, and the stay of this case is LIFTED, except as to Defendant
Chrysler LLC;

2.

The Clerk of Court is directed to REOPEN on the docket of the Court the
present case – Terry Martin, et al. v. Chrysler LLC, et al., 3:08cv00326; and

3.

The present case remains consolidated with both First Property Group,
3:08cv00329 and Spears, 3:08cv00331 for the limited purpose of
conducting discovery on class certification issues.

April 14, 2011
s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge