Opinion
MDL-1446, CIVIL ACTION NO. H-01-3624 CONSOLIDATE CASES, CIVIL ACTION NO. H-02-2984
September 13, 2003
ORDER
Pending before the Court are the following motions arising from H-02-2984, which was consolidated into Newby on August 20, 2002: (1) Defendants EOTT Energy Partners, L.P., Dana R. Gibbs, Mary Ellen Coombe, David R. Hultsman, Lori L. Maddox, Peggy B. Menchaca, Molly M. Sample, Susan C. Ralph, and Daniel P. Whitty's motion to dismiss for failure to state a claim and renewed motion to transfer venue (instrument 1036), joined by Defendant EOTT Energy Corporation (#1072 in Newby); (2) Certain Defendants' request for ruling on their motion to dismiss for failure to state a claim (#1331 in Newby, #35 in H-02-2984).
On October 22, 2002 Defendant EOTT Energy Partners, L.P. filed a notice of bankruptcy (#1099). On November 20, 2002 this Court extended the deadline for Plaintiffs' response to the motion to dismiss (#1152) and asked Plaintiffs to file a status report by February 7, 2003. Plaintiffs' subsequent status report stated they were moving the bankruptcy court to lift the automatic stay. Subsequent instruments in the file indicate their effort was unsuccessful. Plaintiffs meanwhile have never responded to the motion to dismiss because of the stay on proceedings imposed by this Court.
Accordingly, the Court
ORDERS that Plaintiffs' claims against EOTT Energy Partners, L.P. are hereby SEVERED and ADMINISTRATIVELY CLOSED. The Court further
ORDERS that Defendants' request for ruling on their motion to dismiss for failure to state a claim (#1331 in Newby, #35 in H-02-2984) is GRANTED, the stay on proceedings in member case H-02-2984 is LIFTED, and Plaintiffs shall file a response to Defendants' motion to dismiss within 20 days of receipt of this order.
SIGNED at Houston, Texas.