Opinion
19-CV-9177 (PGG) (BCM)
08-04-2021
JOCELYN PIERRE, Plaintiff, v. THE BAY SEAFOOD CUISINE EAST 49TH LLC d/b/a JASMINE RESTAURANT, CHINA CHALET EAST LLC, and 216 E. 49TH STREET, L.L.C., Defendants.
ORDER
BARBARA MOSES, United States Magistrate Judge.
China Chalet East LLC (China Chalet), which is named as a defendant in this action but never appeared, filed a voluntary petition under Chapter 7 of the Bankruptcy Code on May 20, 2020. See Petition, In re China Chalet East LLC, No. 20-11236 (S.D.N.Y. Br. May 20, 2020). After informing the Court on January 28, 2021 that he would "check" the status of China Chalet (Dkt. No. 50, at 11:16), plaintiff's counsel informed the Court on July 30, 2021 that the bankruptcy proceeding "is still open," and requested a conference. (Dkt. No. 56.)
No conference is required. The docket of the Bankruptcy Court confirms that the proceeding remains pending and unresolved. Consequently, plaintiff's claims against China Chalet in this action are subject to the automatic stay created by Bankruptcy Code § 362(a). The stay does not affect plaintiff's claims against any other defendant.
If plaintiff does not voluntarily dismiss her claims against China Chalet, she shall submit a status letter to the Court on November 4, 2021, and every three months thereafter, updating the Court on the progress of the bankruptcy proceeding.
SO ORDERED.