Metro Health Prof'ls v. Chrysler, LLC, 06A04-0809-CV-547 (Ind.App. 6-8-2009)

Full title: METRO HEALTH PROF'LS, INC, Appellant, v. CHRYSLER, LLC, Appellee

Court: Court of Appeals of Indiana

Date published: Jun 8, 2009

No. 06A04-0809-CV-547 (Ind. Ct. App. Jun. 8, 2009)

Opinion

No. 06A04-0809-CV-547.

June 8, 2009.

ORDER

The Appellee, by counsel, has filed a Verified Motion to Vacate Decision and Dismiss Appeal. The Appellant, by counsel, has filed a Response to Verified Motion to Vacate Decision and Dismiss Appeal.

Having reviewed the matter, the Court FINDS AND ORDERS AS FOLLOWS:

1. Appellee's Motion to Vacate Decision is GRANTED and this Court's May 5, 2009 opinion, marked For Publication, is VACATED.

2. Appellee's Motion to Dismiss is DENIED.

3. Pursuant to the automatic stay provision of 11 U.S.C. § 362, this appeal is HELD IN ABEYANCE pending further order of this Court.

4. The Appellee is ORDERED to file a STATUS REPORT with the Clerk of this Court every thirty days, commencing from the date of this Order, informing this Court of the progress of its bankruptcy proceeding pending before the United States Bankruptcy Court for the Southern District of New York.

5. The Appellee is FURTHER ORDERED to notify the Court within seven (7) days of the date the automatic stay expires, is lifted, or cease to be in effect for any reason.

6. The Clerk of this Court is directed to send copies of this Order to the parties, the trial court, the Boone Circuit and Superior Courts Clerk, West/Thomson/Reuters, Lexis, and all other sources to which decisions/opinions of this Court are sent.

7. The Boone Circuit and Superior Courts Clerk is directed to file a copy of this order under Lower Cause Number 06D02-0710-PL227, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.

ORDERED 8^th this day of June, 2009.