Opinion
Civil Action No. 00-1970 Section "J"(2).
October 11, 2000.
Before the Court is plaintiff's Motion to Vacate and/or Modify Order Staying Proceeding. Defendants oppose the motion. The motion, set for hearing on an expedited basis, is before the Court on briefs without oral argument.
On September 27, 2000, following the filing of a notice of bankruptcy by defendant Schwegmann Giant Super Markets Partnership ("SGSM Partnership"), this Court entered an order staying this action citing 11 U.S.C. § 362, and closing the matter for statistical purposes.
Following the filing of the instant motion to vacate or modify the stay, the Court, upon review of the record, the memoranda of the parties, and applicable law, has determined that the stay was improvidently granted as to those defendants besides SGSM Partnership. See Wedciworth v. Fibreboard Corp., 706 F.2d 541, 544 (5th Cir. 1983) (emphasizing that § 362 stay is for the benefit of debtor only, not co-defendants)
Accordingly,
IT IS ORDERED that plaintiff's Motion to Modify Order Staying Proceeding (Rec. Doc. 16) should be and is hereby GRANTED, and the stay is lifted as to all defendants except Schwegmann Giant Super Markets Partnership;
IT IS FURTHER ORDERED that this matter shall be RE-OPENED and restored to the trial docket and the Court's prior scheduling order (Rec. Doc. 11) entered September 15, 2000, should be and is hereby REINSTATED.