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Ivey Barnum
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Order | Filed: May 10, 2024 | Entered: May 10, 2024 Collymore v. Crenshaw et al
Contract: Other | Connecticut
Order on Motion to Reopen Case
ORDER On August 18, 2023, the plaintiff filed a motion seeking a Prejudgment remedy ("PJR") (dkt. #10) and the Court scheduled a PJR hearing for February 14, 2024. (Dkt. #30). Thereafter, Defendant Crenshaw filed for bankruptcy on February 13, 2024 and Defendant CNS Technology filed for bankruptcy on February 14, 2024. Defense counsel notified the Court of the bankruptcy filings and asserted that the case should be stayed due to the automatic stay required by 11 U.S.C. §362. (Dkt. #59 and #62). On February 28, 2024, the plaintiff objected to the imposition of a stay. On February 29, 2024, the Honorable Vernon D. Oliver ruled that "because Defendants have filed petitions with the United States Bankruptcy Court, Central District of California, bearing case numbers 24-bk-10225 and 24-bk-11110, the automatic stay bars continuation of this lawsuit. 11 U.S.C. § 362(a). All deadlines in the Court's Scheduling Order at ECF No. 31 are vacated." (Dkt. #66.)
Thereafter, on April 15, plaintiff filed a motion to Reopen the Case, Lift the Stay, and Reopen the PJR Proceedings (dkt. #67). Plaintiff's motion advised the Court that Mr. Crenshaw's bankruptcy petition has been dismissed. On May 6, 2024, Defendant Crenshaw filed an objection the motion. However, the objection does not dispute plaintiff's assertion that Mr. Crenshaw's bankruptcy petition has been dismissed. In other words, the objection does not address the assertion that the sole reason for granting the stay no longer exists. Instead, the objection asserts that the defendant has legitimate defenses to the underlying lawsuit. Plaintiff's motion to lift the stay was referred to the undersigned.
The Court notes that, although Plaintiff's motion is titled a Motion to Reopen Case Motion to Lift Stay and Reopen Prejudgment Remedy Proceedings, the case was never closed or dismissed. Therefore, it is not necessary for the case to be reopened. As regards the motion to lift the stay, the undersigned notes that it is within the authority of a United States Magistrate Judge under 28 U.S.C. §636(b)(1)(A), subject to appeal to the district court for an abuse of that discretion, to rule on imposing or lifting a stay. See, Miller v. Trans Union, LLC, No. 3:12-CV-1715, 2015 WL 13649106, at *2 (M.D.Pa. Aug. 3, 2015)(citing cases). Insofar, as Judge Oliver's sole basis for granting a stay of the case was the automatic stay required by 11 U.S.C. §362(a) and there appears to be no dispute that Mr. Crenshaw's bankruptcy petition has been dismissed, the Motion to lift the stay 67 is GRANTED insofar as it applies to Defendant Crenshaw and the Motion for a PJR is re-opened. The Court will schedule a new PJR hearing date and issue a new scheduling order for the exchange of witness and exhibit lists in due course.
Signed by Judge Robert A. Richardson on 5/10/2024. (Fries, J.) -
Response | Filed: May 07, 2024 | Entered: May 07, 2024 Collymore v. Crenshaw et al
Contract: Other | Connecticut
Response
RESPONSE re 69 Objection Platinff's Reply To The Defendants' Objection To Motion To Lift Stay And Reopen Prejudgment Remedy Proceedings filed by Laura Collymore. (Russell, Philip)
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Appeal | Filed: May 07, 2024 | Entered: May 07, 2024 Moran v. Tesei et al
Civil Rights: Other | Connecticut
USCA Mandate
MANDATE of USCA dated 5/7/2024 Dismissing 248 Notice of Interlocutory Appeal, filed by Andrew Greco (Barry, L.)
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