See In re Anderson, 390 B.R. 812, 814 (Bankr. D.S.C. 2007)(a stay pending appeal is not a matter of right and is discretionary); In re U.S. Airways, Inc., 445 B.R. 566, 572 (Bankr. E.D. Va. 2011)(appeal of bankruptcy court order does not stay the effect of order, unless a stay pending appeal is requested and received); In re Ern, LLC, 124 Fed.Appx. 151 (4th Cir. 2005)(Appellant's failure to obtain a stay pending appeal rendered the appeals moot).
On remand to the bankruptcy court, Plaintiff filed a motion arguing that she should be allowed to litigate all of her claims—not just those identified by the Fourth Circuit—because U.S. Airways had obtained the district court's order by committing a fraud on the court. See In re U.S. Airways, Inc., 445 B.R. 566, 573 (Bankr.E.D.Va.2011). The bankruptcy court denied Plaintiff's motion, finding Plaintiff's arguments to be without merit.
It is a "simple statement of law" that the "filing of a notice of appeal does not stay the effect of a federal court order, absent a stay granted by the trial court or the reviewing court." Doc. No. 873, p. 6 (quoting In re U.S. Airways Inc., 445 B.R. 566, 572 (Bankr. E.D. Va. 2011) (citation omitted)). In re LaClair, 360 B.R. 388, n. 2 (Bankr. D. Mass. 2006).
Doc. No. 869, ¶ 5. In re U.S. Airways Inc., 445 B.R. 566, 572 (Bankr. E.D. Va. 2011) (citation omitted). 360 B.R. 388, n. 2 (Bankr. D. Mass. 2006).
See, e.g., Bank of Okla., N.A., Grove Branch v. Islands Marina, Ltd., 918 F.2d 1476, 1480 (10th Cir. 1990); Barragan v. St. Catherine Hosp., 339 F. Supp. 2d 1141, 144 (D. Kan. 2004). As an aside, the Court notes the voluminous filings in both the current proceedings and the state court litigation and is cognizant that whatever forum these parties litigate, significant court time and resources will be used. See In re U.S. Airways, Inc., 445 B.R. 566, 572-73 (Bankr. E.D. Va. 2011) ("courts should not engage in the useless task of closing the barn doors after the horses have fled"). J.D. Holdings argues that judicial economy would be served by lifting the stay because the Delaware Chancery Court had made previous rulings in this case and was prepared to conduct a trial on the merits, as well as the contempt motion.
The prior history of Ms. Holcombe's $60 million-plus claim against U.S. Airways for discrimination under the Americans with Disabilities Act ("ADA") is set forth in detail in two opinions of this court and one of the U.S. Court of Appeals for the Fourth Circuit. In re US Airways, Inc., 365 B.R. 624 (Bankr. E.D. Va. 2007); Holcombe v. US Airways, Inc., 369 Fed.Appx. 424 (4th Cir. 2010); In re US Airways, Inc., 445 B.R. 566 (Bankr. E.D. Va. 2011). Briefly, Ms. Holcombe worked for US Airways as a fleet service agent from 1992 to 2003, when she was placed on medical leave until her employment was terminated in 2006. US Airways filed its first chapter 11 case in this court in 2002.