Order | Filed: July 16, 2026
| Entered: July 16, 2026
New York State Nurses Association Pension Plan, et al v. Tehum Care Services, Inc. et al
Labor: E.R.I.S.A. | New York Northern
Order on Motion for Limited Admission Pro Hac Vice
ORDER granting 34 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Miroslav Lovric on 7/16/2026. (jdc)
Order | Filed: July 16, 2026
| Entered: July 16, 2026
New York State Nurses Association Pension Plan, et al v. Tehum Care Services, Inc. et al
Labor: E.R.I.S.A. | New York Northern
Order on Letter Request
TEXT ORDER: On July 2, 2026, Defendant M2 Holdco, LLC filed a notice informing the Court that Defendant CHS AL, LLC commenced a Chapter 11 bankruptcy proceeding in the United States Bankruptcy Court for the Middle District of Florida, Case No. 2:26-bk-01091. Dkt. No. 29 ("Suggestion of Bankruptcy"). That same day, Plaintiffs voluntarily dismissed the instant action against CHS AL, LLC. Dkt. No. 30 . The Court is in receipt of Plaintiffs' letter motion requesting that the Suggestion of Bankruptcy be declared moot, see Dkt. No. 31 ("Motion"), M2 Holdco's response, which contends that this action should be stayed in its entirety absent an order from the United States Bankruptcy Court for the Middle District of Florida, see Dkt. No. 36 , and Plaintiffs' reply in further support of their Motion. Dkt. No. 37 . "It is well-established that stays pursuant to [11 U.S.C.] § 362 [of the Bankruptcy Code] are limited to debtors and do not encompass non-bankrupt co-defendants." Queenie, Ltd. v. Nygard Intern, 321 F.3d 282, 286 (2d Cir. 2003) (quoting Teachers Ins. & Annuity Ass'n v. Butler, 803 F.2d 61, 65 (2d Cir. 1986)). "The automatic stay can be extended to non-debtors, but only where there exist unusual circumstances, which would require something more than the mere fact that one of the parties to the lawsuit has filed bankruptcy." Xue Hui Zhang v. Ichiban Grp., LLC, No. 17-cv-148 (MAD/TWD), 2018 WL 3597632, at *4 (N.D.N.Y. July 26, 2018) (internal quotation marks, citations, and alterations omitted). "Such an unusual circumstance occurs only 'when a claim against the non-debtor will have an immediate adverse economic consequence for the debtor's estate.'" Id. (quoting Queenie, 321 F.3d at 287). "Moreover, the movant bears the burden of demonstrating the need for extending the automatic stay." Garcia v. Hatchet Works Corp., 659 B.R. 626, 631 (E.D.N.Y. 2024) (internal quotation marks, citations, and alterations omitted); see also In re FPSDA I, LLC, No. 10-75439, 2012 WL 6681794, at *8 (Bankr. E.D.N.Y. Dec. 21, 2012) (noting that the movant must show that extension of the stay is warranted by clear and convincing evidence). Here, M2 Holdco has failed to carry its burden of demonstrating that this action will have an immediate adverse economic consequence on the remaining Defendants in this action. See, e.g., Rodriguez v. AMGP Rest. Corp., No. 17-cv-4870, 2018 WL 4378164, at *2 (E.D.N.Y. June 5, 2018) (holding that the non-bankrupt defendants' "conclusory and generic allegations" about the potential impact on the bankruptcy proceeding did not warrant an extension of the automatic stay); Stih v. Rockaway Farmers Mkt., Inc., 656 B.R. 308, 314 (E.D.N.Y. 2024) (same). Accordingly, Plaintiffs' Motion is GRANTED and the Suggestion of Bankruptcy as to CHS AL, LLC is declared MOOT. SO ORDERED by U.S. District Judge Anne M. Nardacci on 7/16/2026. (mab)