Hudson v. Pine Ridge Coal Company, LLC

Filing 72

ORDER Denying as moot plaintiff Gary Hudson's 69 Motion and 70 Renewed Motion requesting the court to order the defendant to clarify its position on the applicability of the bankruptcy filing in this case; suggesting that the parties see k clarification from the bankruptcy court where the case is now pending; staying and retiring this case to the inactive docket pending further order of the court Signed by Judge John T. Copenhaver, Jr. on 3/28/2013. (cc: attys; any unrepresented party)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
GARY HUDSON,
Plaintiff,
v.

Civil Action No. 2:11-cv-00248

PINE RIDGE COAL COMPANY, LLC,
Defendant.
ORDER
Pending are plaintiff Gary Hudson’s motion and renewed
motion requesting the court to order the defendant to clarify
its position on the applicability of the bankruptcy filing in
this case, filed on August 8, 2012 and August 30, 2012,
respectively.
On September 10, 2012, the defendant filed a response
to Hudson’s motions and, as requested, set forth its position
regarding the applicability of the bankruptcy filing.

The

court, accordingly, ORDERS that the motions be, and they hereby
are, denied as moot.
It is suggested by the court that the parties, either
jointly or singly, seek clarification from the bankruptcy court
where the bankruptcy case is now pending as to the extent the
above-styled action may proceed to a conclusion, whether under
the “Final Order” of the United States Bankruptcy Court of the

Southern District of New York entered August 2, 2012, or any
other order of relief the bankruptcy court may see fit to enter.
Awaiting clarification from the bankruptcy court, it
is ORDERED that this action be, and hereby is, stayed and
retired to the inactive docket pending the further order of the
court.

The parties are directed, beginning July 1, 2013, to

file quarterly status reports respecting the further proceedings
in the bankruptcy court bearing on this matter.
The Clerk is directed to transmit copies of this
written opinion and order to all counsel of record and any
unrepresented parties.
ENTER:

March 28, 2013

John T. Copenhaver, Jr.
United States District Judge

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