Summary
In McKenna, the district court affirmed the bankruptcy court's finding that the debtor lacked standing to bring employment discrimination claims in her own name and failed to seek substitution of the Chapter 7 trustee as the true party in interest.
Summary of this case from Merritt v. Credit (In re Merritt)Opinion
CIVIL ACTION No. 10-3940
01-15-2013
LISA MCKENNA, Plaintiff, v. HEALTHEASE, INC., et al. Defendants.
ORDER
AND NOW, this 15th day of January, 2013, upon consideration of Defendant Lockheed Martin's Motion to Dismiss First Amended Civil Action Complaint, Healthease, Inc. and Armand Tecco's Motion to Dismiss First Amendment Civil Action Complaint, Plaintiff's response thereto, Defendant Lockheed Martin's reply thereon, and for the reasons provided in this Court's Memorandum dated January 15, 2013, it is hereby ORDERED that:
1. Defendants' motions (Document Nos. 48 and 49) are GRANTED in part and DENIED in part.
2. Plaintiff shall have until Monday, February 25, 2013 to reopen her bankruptcy and substitute the bankruptcy trustee for herself as Plaintiff in this litigation. Plaintiff shall provide to the Court a written status update on or before Monday, March 4, 2013.
3. Failure to substitute the bankruptcy trustee for Plaintiff will result in the dismissal of all claims against Defendants except claims for injunctive relief.
BY THE COURT:
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Berle M. Schiller, J.