Ace Oilfield Rentals LLC v. Western Dakota and Fabrication LLC et al

Filing 65

ORDER STAYING CASE as to Tucker D. Pankowski and Douglas J. Kerkvliet. Signed by Honorable Timothy D. DeGiusti on 9/9/2016. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

ACE OILFIELD RENTALS, LLC,
Plaintiff,
vs.
WESTERN DAKOTA AND
FABRICATION, LLC, et al.,
Defendants

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Case No. CIV-15-672-D

ORDER
The Court has been advised that Defendants Tucker D. Pankowski and Douglas J.
Kerkvliet have filed petitions in the United States Bankruptcy Court for the District of South
Dakota, Case Nos. 16-50206 and 16-50207, respectively. See Notice [Doc. No. 64].
Pursuant to 11 U. S. C. §362, any proceedings against the individual Defendants in this case
are stayed.
Defendant Western Dakota and Fabrication, LLC (“Western Dakota”),1 although
consisting of only two members, Defendants Pankowski and Kerkvliet, has not filed
bankruptcy. Because the automatic stay does not extend protection to non-debtors (see In
re Bednar, No. 15-11916, 2016 WL 3475633, at *2 (Bankr. W.D. Okla. Jan. 22, 2016)), the
present proceedings are not stayed as to Defendant Western Dakota.

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According to Defendants’ Amended Notice of Removal [Doc. No. 16], Defendant Western
Dakota’s correct name is Western Dakota Welding and Fabrication, LLC.

IT IS SO ORDERED this 9th day of September, 2016.

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