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OPERATIVE PLASTERERS' v. SUPERIOR WALL SYSTEMS

United States District Court, Southern District of New York


May 9, 2003

OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL, LOCAL 530 WELFARE AND INSURANCE FUND, ANNUITY FUND, VACATION FUND, AND APPRENTICESHIP FUND, ET AL., PLAINTIFF, AGAINST SUPERIOR WALL SYSTEMS, DEFENDANT

The opinion of the court was delivered by: Laura Taylor Swain, United States District Judge.

ORDER

Plaintiffs have informed the Court of their receipt of a notice indicating that an individual, Michael E. Speckman, has filed a Chapter 13 bankruptcy petition in this district. The notice recites the debtor's use of "Superior Wall Systems" as a "dba" name. Plaintiffs requested permission to proceed with their motion for a default judgment against Superior Wall Systems notwithstanding the bankruptcy filing. By order dated March 26, 2003, the Court directed plaintiffs to serve and file evidence documenting the existence of Superior Wall Systems as a legal entity separate from the individual debtor. By affidavit faxed to the Court on April 24, 2003, plaintiffs' counsel informed the Court that, absent discovery, they are unable to confirm the status of the defendant Superior Wall Systems.

In light of the automatic stay provisions of the Bankruptcy Code (see 11 U.S.C. § 362(a)), it is hereby ORDERED that this case is placed on suspense in order to afford plaintiffs the opportunity to apply to the Bankruptcy Court for an order clarifying any applicability of the automatic stay to plaintiffs' action against Superior Wall Systems and/or for relief from such stay (see 11 U.S.C. § 362(d)) to permit this litigation to proceed. It is further ORDERED that plaintiffs shall file with the Court and serve on defendant each July 1 and January 1 a written report of the status of their efforts to obtain such clarification or relief from the Bankruptcy Court.

IT SO ORDERED.

20030509

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