Jackson v. Honda Manufacturing of Alabama LLC et al

MOTION to Stay

N.D. Ala.February 9, 2018

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION LYNN JACKSON, ) ) PLAINTIFF, ) ) CIVIL ACTION NO.: v. ) ) 1:17-cv-00494-VEH ) HONDA MANUFACTURING OF ) ALABAMA, LLC, ELWOOD ) UNOPPOSED STAFFING, AND QUINTON ) COOLEY, INDIVIDUALLY, ) ) DEFENDANTS. ) MOTION TO STAY THE CASE COMES NOW the Plaintiff and moves this Honorable Court to enter an Order staying this action. This motion should be granted for the following reasons: 1. Plaintiff conferred with defendants about this motion both during a phone conference held among the parties on February 8, 2018 and by emailing the defendants a copy of this motion on the morning of February 9, 2018. Defendants’ positions on this motion are as follows: FILED 2018 Feb-09 PM 02:44 U.S. DISTRICT COURT N.D. OF ALABAMA Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 1 of 7 2 a. Defendant Honda Manufacturing of Alabama LLC does not oppose this motion. b. Defendant Elwood Staffing does/does not oppose this motion. c. Defendant Quinton Cooley does not oppose this motion. 2. This Court has inherent power to grant or deny a request to stay a proceeding in its discretion. Landis v. North American Co., 299 U.S. 248, 254, 57 S. Ct. 163, 81 L. Ed. 153 (1936). The power to stay should be exercised based on considerations of "[w]ise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation." Kerotest Mfg. C. v. C-O-Two Fire Equip. Co., 342 U.S. 180, 183 (1952). 3. Prior to filing this action, Plaintiff sought Chapter Seven bankruptcy protection on March 8, 2016. The Plaintiff’s Chapter Seven bankruptcy was discharged on June 30, 2016. Counsel for the Plaintiff contacted Bankruptcy Trustee, Rocco Leo, to make him aware of the Plaintiff’s legal claims. 4. Mr. Leo filed a motion to reopen Ms. Jackson’s bankruptcy. (Ex. A). A hearing is set on his motion on March 6, 2018. (Ex. B). Attorney Max Pope has filed with the bankruptcy court an Application for Approval of Professional Persons to assist the Trustee in filing necessary pleadings to liquidate assets, Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 2 of 7 3 collect account receivables, as well as other legal work necessary to properly administer the estate. (Ex. C).1 5. If the motion to reopen the bankruptcy is granted, the undersigned will be required to file Applications for Approval of Professional Persons to be able to represent the interests of the bankruptcy estate’s asset, Plaintiff’s legal claims, in this action. For that reason, Plaintiff seeks a stay of this action until after the March 6, 2018 hearing on the motion to reopen the bankruptcy. In the likely event that the motion to reopen the bankruptcy is granted, the Plaintiff requests the stay remain in effect until ten business days after the bankruptcy court rules on the undersigned’s Applications for Approval of Professional Persons. 6. Plaintiff previously filed a motion related to this issue (Doc. 46) in response to which the Court extended all remaining deadlines by 60 days and set a status conference for March 13, 2018. (Doc. 47). This Court’s Order noted that the motion did not ask that the case by stayed, but rather that the deadlines in the case be stayed. To correct the error on the part of Plaintiff’s counsel in not expressly asking the Court to stay this case, the Plaintiff is filing this motion to request a stay of the case. 1 With respect to Mr. Pope’s filing, the Bankruptcy Court entered a Notice of Deficient Filing or Incorrect Event because his application could not be processed since the case was currently closed and the hearing to reopen is not scheduled until March 6, 2018. Based on this docket entry, the undersigned are unsure as to whether they can file Applications for Approval of Employment of Professional Persons until after the bankruptcy is reopened, but are submitting their applications for filing to the trustee’s attorney. Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 3 of 7 4 7. A stay would serve the conservation of judicial resources and comprehensive disposition of litigation. A stay is necessary to ensure that the bankruptcy trustee can timely intervene and well as to ensure current counsel for the Plaintiff has permission from the bankruptcy court to continue representing this potential asset. 8. The Plaintiff requests that the following action from this Court pursuant to its authority to grant or deny a request to stay a proceeding: a. This Court enter an Order staying this action. i. The Order would require the undersigned to file with this Court a Notice of Disposition with respect to the ruling of the United States Bankruptcy Court for the Northern District of Alabama as to its ruling on the motion to reopen the Plaintiff’s bankruptcy. ii. The Order would require the undersigned to file with this Court notices when they file their Applications for Approval of Professional Services with the Bankruptcy Court, when the Applications are set for hearing, and when the Bankruptcy Court rules on the Applications. Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 4 of 7 5 iii. The Order would direct that the stay is lifted effective ten (10) business days following either the denial of the motion to reopen Plaintiff’s bankruptcy or disposition of the undersigned’s Applications for Approval of Professional Services, and the parties would be directed to confer and submit to the Court a revised Rule 26 report which the Court could use to enter an Amended or Revised Scheduling Order within fourteen days of the stay being lifted. WHEREFORE, PREMISES CONSIDERED, the Plaintiff requests that this Court enter an order staying this action. Respectfully submitted, /s/ Heather Newsom Leonard Heather Newsom Leonard ATTORNEY FOR PLAINTIFF OF COUNSEL: HEATHER LEONARD, P.C. 2105 Devereux Circle, Suite 111 Birmingham, AL 35243 Phone: (205) 977-5421 Facsimile: (205) 278-1400 E-mail: Heather@HeatherLeonardPC.Com /s/ Cynthia Forman Wilkinson Cynthia Forman Wilkinson ATTORNEY FOR PLAINTIFF OF COUNSEL: Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 5 of 7 6 WILKINSON LAW FIRM, PC 215 North Richard Arrington Jr. Blvd. Suite 200 Birmingham, Alabama 35203 Tel.: (205) 250-7866 Fax: (205) 250-7869 E-mail: wilkinsonefile@wilkinsonfirm.net Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 6 of 7 7 CERTIFICATE OF SERVICE I hereby certify a copy of the foregoing has been served on the following counsel of record on February 9, 2018, via the Court’s electronic filing system: Lisa Karen Atkins, Esq. M. Tae Phillips, Esq. Ogletree, Deakins, Nash, Smoak & Stewart, P.c. 420 20th Street North, Suite 1900 Birmingham, AL 35203 Walter L Sims THORNTON CARPENTER O'BRIEN LAZENBY & LAWRENCE 212 West North Street P O Box 277 Talladega, AL 35160 David J. Middlebrooks, Esq. Lehr Middlebrooks Vreeland & Thompson, PC P.O. Box 11945 Birmingham, AL 35202-1945 /s/ Heather Newsom Leonard OF COUNSEL Case 1:17-cv-00494-VEH Document 48 Filed 02/09/18 Page 7 of 7