Boehm, Scott et al v. Legends of the Field, LLC et al

Filing 212

ORDER granting 202 Motion to Lift Stay against defendant DCT Enterprises, Inc. Signed by District Judge James D. Peterson on 1/6/2017. (jef/cc: non-cm/ecf defendants via US mail),(ps)

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

SCOTT BOEHM and DAVID STLUKA,

v.

Plaintiffs,

LEGENDS OF THE FIELD, LLC, DAN ZIMPRICH,
CIARA ZIMPRICH, and DCT ENTERPRISES, INC.,

ORDER
15-cv-683-jdp

Defendants.
On November 4, 2016, defendants Ciara Zimprich and Dan Zimprich, “dba
DCTEnterprise, Inc.,” filed a bankruptcy petition under Chapter 13 of the United States
Bankruptcy Code. Dkt. 173; In re Dan Edward Zimprich and Ciara Autumn Zimprich, No. 1613744 (Bankr. W.D. Wis. filed Nov. 4, 2016). As a result, the court effectuated the
automatic stay provision in 11 U.S.C. § 362 and stayed this action against the Zimpriches
and DCT Enterprises. Dkt. 187. Now plaintiffs Scott Boehm and David Stluka move to lift
the stay as to DCT Enterprises, on the grounds that DCT Enterprises is a corporation that is
not a party to the Zimpriches’ Chapter 13 bankruptcy proceedings. In support of their
motion, plaintiffs adduce the Wisconsin Department of Financial Institution’s records for
DCT Enterprises indicating that it is a corporation.
The Zimpriches do not dispute that DCT Enterprises is a corporation. Instead, they
argue that the U.S. Bankruptcy Court for the Western District of Wisconsin, not this court,
should decide plaintiffs’ motion. But the bankruptcy court does not have jurisdiction over
DCT Enterprises, Inc., non-party to the bankruptcy action. Because the corporation DCT
Enterprises, Inc., is not a debtor in the Zimpriches’ bankruptcy proceedings, and not subject
to the automatic stay under 11 U.S.C. § 362, the court will lift the stay against it.

Cross-motions for summary judgment on the claims against DCT Enterprises are fully
briefed. The court will decide these motions in due course. DCT Enterprises is no longer
represented by counsel, which means that it can make no further filings in this case until it
retains counsel.

ORDER
IT IS ORDERED that plaintiffs Scott Boehm and David Stluka’s motion to lift the
litigation stay against defendant DCT Enterprises, Inc., Dkt. 202, is GRANTED.
Entered January 6, 2017.
BY THE COURT:
/s/
JAMES D. PETERSON
District Judge

2