Rapp, Laura v. Laufers, Andrew et al

Filing 65

ORDER that plaintiff Laura Rapp's claims against defendant Andrew Laufers are STAYED under 11 U.S.C. § 362, pending completion of the bankruptcy proceedings. Defendants Katherine Brown Holmen and Dudley and Smith, PA shall have until July 25, 2019 to SHOW CAUSE why this case should not proceed with respect to plaintiff's claims against them. Signed by District Judge Barbara B. Crabb on 7/10/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LAURA ANNE RAPP,
OPINION AND ORDER
Plaintiff,
17-cv-948-bbc
v.
ANDREW J. LAUFERS, KATHERINE
BROWN HOLMEN and DUDLEY
AND SMITH, PA,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se plaintiff Laura Anne Rapp is proceeding on legal malpractice and
misrepresentation claims against defendants Andrew Laufers and Katherine Brown Holmen
and a negligent supervision claim against defendant Dudley and Smith, PA regarding
representation that defendants provided to plaintiff in her capacity as personal
representative for her brother’s estate following his death in a plane crash. Defendants have
filed a motion for summary judgment, which is pending before the court. However, on June
25, 2019, defendants filed notice that defendant Laufers had filed a chapter 13 bankruptcy
petition, requiring an automatic stay of the litigation in this court under 11 U.S.C. § 362.
Dkt. #64.
The claims against defendant Laufers will be stayed pending the completion of the
bankruptcy proceedings. Although defendants state that “this litigation is stayed in its
entirety by operation of the automatic bankruptcy provision,” dkt. #64, they do not explain
why the stay applies to plaintiff’s claims against defendants Holmen and Dudley and Smith.
Accordingly, defendants shall have until July 25, 2019 to show cause why this case should
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not proceed against defendants Holmen and Dudley and Smith.

ORDER
IT IS ORDERED that
1. Plaintiff Laura Rapp’s claims against defendant Andrew Laufers are STAYED
under 11 U.S.C. § 362, pending completion of the bankruptcy proceedings.
2. Defendants Katherine Brown Holmen and Dudley and Smith, PA shall have until
July 25, 2019 to SHOW CAUSE why this case should not proceed with respect to plaintiff’s
claims against them.
Entered this 10th day of July, 2019.
BY THE COURT:
/s/
_______________________
BARBARA B. CRABB
District Judge

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