Opinion
Civil Action No. 10-cv-01509-WYD-BNB
04-10-2013
DAVID B. FISHER; BISON CONSTRUCTORS INC.; and MARK YAKOWEC, on behalf of themselves and all other similarly situated persons Plaintiffs, v. GENERAL STEEL DOMESTIC SALES, LLC d/b/a GENERAL STEEL CORPORATION, a Colorado limited liability company; JEFFREY KNIGHT; NATHAN WRIGHT; BRUCE GRAHAM; LEE BASHORE; STEVEN PAIGE; JOHN VIVIAN; JONAH GOLDMAN; and WAYNE GASTON, Defendants.
Senior Judge Wiley Y. Daniel
MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
The "Unopposed Motion to Hold Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41(b) in Abeyance as to Bison Constructors, Inc." (ECF No. 70) is GRANTED as follows. In the motion, the Defendants indicated that Plaintiff Bison Constructors, Inc. became a Chapter 7 bankruptcy debtor in December 2012. As such, Bison Constructors Inc.'s claims in this case are now property of its Chapter 7 estate under 11 U.S.C. § 541. Thus, this matter is stayed as to Plaintiff Bison Constructors, Inc. pursuant to the United States Code, 11 U.S.C. § 101 et. seq., and in accordance with 11 U.S.C. § 362, the automatic stay provision. Accordingly, in light of the stay, the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41(b) is DENIED WITHOUT PREJUDICE.
It is also ordered that the parties shall brief the impact of the stay as to Bison Constructors, Inc. on the pending motions (ECF Nos. 66 and 69). The briefs shall be filed not later than Tuesday, April 30, 2013.