Hermes et al v. Lubic et al (PLR2)

Filing 94

ORDER: The Motion to Stay [Doc. #93 ] is GRANTED. All proceedings in this case are STAYED. If the bankruptcy court grants Plaintiffs relief from the automatic stay, Plaintiffs SHALL file a motion to lift the stay with this Court within fourteen (14) days of entry of the bankruptcy court's order. If the Plaintiffs' request is denied or the bankruptcy court otherwise disposes of the case without granting relief from the automatic stay, the Defendants SHALL file a notice or appropriate motion with the Court within fourteen (14) days of entry of the bankruptcy court's order or dispositive ruling. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/27/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

LATHAN HERMES, et al.,
Plaintiffs,
v.
RIZO LUBIC, et al.,
Defendants.

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No. 3:13-CV-416-PLR-CCS

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion for Stay of Proceedings [Doc. 93], filed by Fahrudin
Hasanovic and MHM Trucking LLC (“Defendants”).

Defendants have filed a voluntary

bankruptcy petition pursuant to Chapter 7 of the United States Bankruptcy Code. The parties
appeared before the Court on October 22, 2015, to address the bankruptcy and its effect on this
case. It was agreed that the Defendants would move the Court to stay this case until: (1)
Plaintiffs obtain relief from the automatic stay in the bankruptcy case so that they may continue
to litigate this action; or (2) the bankruptcy case is otherwise disposed of. Consistent with this
plan, Defendants filed the instant Motion for Stay following the conference on October 22, 2015.
Accordingly, the Motion to Stay [Doc. 93] is GRANTED. All proceedings in this case
are STAYED. If the bankruptcy court grants Plaintiffs relief from the automatic stay, Plaintiffs
SHALL file a motion to lift the stay with this Court within fourteen (14) days of entry of the

bankruptcy court’s order. If the Plaintiffs’ request is denied or the bankruptcy court otherwise
disposes of the case without granting relief from the automatic stay, the Defendants SHALL file
a notice or appropriate motion with the Court within fourteen (14) days of entry of the
bankruptcy court’s order or dispositive ruling.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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