Braver et al v. Northstar Alarm Services LLC et al

Filing 228

ORDER re 226 Suggestion of Bankruptcy and Automatic Stay filed by Yodel Technologies LLC. The action of plf Robert H. Braver for himself and all individuals similarly situated against dft Yodel Technologies LLC is stayed pursuant to 11 U.S.C. § 362. Until otherwise notified, plfs' action continues as against the remaining dft, NorthStar Alarm Services LLC. Signed by Honorable Stephen P. Friot on 1/24/2020. (llg)

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

ROBERT H. BRAVER, for himself
and all individuals similarly situated,
Plaintiff,
-vsNORTHSTAR ALARM SERVICES
LLC, and YODEL TECHNOLOGIES
LLC, et al.,

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Case No. CIV-17-0383-F

Defendants.
ORDER
The court is in receipt of Defendant Yodel Technologies LLC’s notice entitled
“Suggestion of Bankruptcy and Automatic Stay,” filed January 23, 2020. Doc. no.
226.
The notice advises that on January 23, 2020, defendant Yodel Technologies
LLC commenced a bankruptcy proceeding in the United States Bankruptcy Court
for the Middle District of Florida by filing a voluntary petitions for relief under
Chapter 11 of Title 11 of the United States Code, 11 U.S.C. § § 101-1532 et seq.
The action of plaintiff Robert H. Braver for himself and all individuals similarly
situated against defendant Yodel Technologies LLC is therefore stayed pursuant to
11 U.S.C. § 362.

While section 362 extends stay provisions of the Bankruptcy Code to the
“debtor,” the rule followed in the Tenth Circuit and by the majority of other circuits
is that the stay provision does not extend to the debtor’s co-defendants. See, Fortier
v. Dona Anna Plaza Partners, 747 F.2d 1324, 1330 (10th Cir. 1984). A narrow
exception to this rule has been recognized, see, A.H. Robins Co., Inc. v. Piccinin,
788 F.2d 994, 999 (4th Cir.), cert. denied, 479 U.S. 876 (1986), but there is no
indication in the notice that the remaining defendants would fall within the
exception. Therefore, until otherwise notified, plaintiffs’ action continues as
against the remaining defendant NorthStar Alarm Services LLC.
IT IS SO ORDERED this 24th day of January, 2020.

17-0383p060.docx