Opinion
Case No: 2:14-cv-52-FtM-38DNF
07-11-2014
DEBBIE BRENT, Plaintiff, v. SOURCE INTERLINK DISTRIBUTION, LLC and SOURCE INTERLINK COMPANIES, INC., Defendants.
ORDER
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This matter comes before the Court on Suggestion of Bankruptcy of Defendant Source Interlink Distribution, LLC (Doc. 18) filed on July 9, 2014. Defendant Source Interlink Distribution, LLC indicates it has filed a Chapter 11 bankruptcy petition. (See Doc. 18-1). Therefore, all matters against Defendant Source Interlink Distribution, LLC are stayed by operation of law pursuant to 11 U.S.C. § 362. This matter, however, is not stayed as it relates to Defendant Source Interlink Companies, Inc. The clear language of Section 362 only stays the action automatically against a debtor. Chicago Title Ins. Co. v. Lerner, 435 BR. 732, 735 (S.D. Fla. 2010) (quoting McCartney v. Integra Nat'l Bank North, 106 F.3d 506, 509 (3d Cir. 1997)); see e.g., Souder v. Premier Automotive on Atlantic, LLC, No. 3:08-cv-973-J-32JRK, 2009 WL 691916, at *1 (M.D. Fla. Mar. 13, 2009) (staying the case only to the debtor defendant); In re Colonial Bancgroup Inc. Securities Litigation, 2:09cv104-MHT. 2010 WL 119290, at *1 (M.D. Ala. Jan. 7, 2010) ("The automatic stay provisions of § 362(a) generally do not operate to stay claims against non-debtor defendants.") (citation omitted). To date, there is no evidence that unusual circumstances exist in this matter to warrant a stay of the case regarding the Defendant Source Interlink Companies, Inc. as well.
Accordingly, it is now
ORDERED:
This matter is stayed as it relates to Defendant Source Interlink Distribution, LLC only
DONE and ORDERED in Fort Myers, Florida this 11th day of July, 2014.
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SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record