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Trainor v. Florida Dirt Source, LLC, CV418-289. (2019)

Court: District Court, S.D. Georgia Number: infdco20190503e16 Visitors: 12
Filed: May 02, 2019
Latest Update: May 02, 2019
Summary: ORDER CHRISTOPHER L. RAY , Magistrate Judge . On March 14, 2019, the Court entered an order staying this case due to the pending bankruptcy of defendant Florida Dirt Source, LLC. Doc. 24. Because the parties indicated they were seeking relief from the automatic stay, the Court directed the parties to file a status update indicating whether such relief had been granted. Id. The parties have timely complied and inform the Court that no relief from the stay has been granted. See doc. 25.
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ORDER

On March 14, 2019, the Court entered an order staying this case due to the pending bankruptcy of defendant Florida Dirt Source, LLC. Doc. 24. Because the parties indicated they were seeking relief from the automatic stay, the Court directed the parties to file a status update indicating whether such relief had been granted. Id. The parties have timely complied and inform the Court that no relief from the stay has been granted. See doc. 25. They also seek "an additional 45 day period . . . and subsequently refile a request for an amended scheduling order." Id.

To the extent that plaintiffs' claims are principally against Florida Dirt Source, LLC, § 362's provisions stay this action, independently of any action by the Court. The parties' filings, however, indicate their general agreement that all litigation in this case should be stayed, pending relief from or expiration of the stay. See doc. 23. In light of that agreement, the Court is willing to extend the stay, subject to periodic reports on the status of the bankruptcy. Accordingly, all deadlines in this case are STAYED until further Order from the Court. However, the parties are DIRECTED to file a joint status report 90 days from the date of this Order, and every 90 days thereafter, advising the Court on the status of the bankruptcy case. If the parties obtain relief from the stay or the bankruptcy case concludes, lifting the stay, they are directed to notify the Court within 30 days and propose an amended Scheduling Order for resolving this case.

SO ORDERED.

Source:  Leagle

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