Perez v. Kmart Corporation
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CENOBIA PEREZ, Plaintiff, v. KMART CORPORATION D/B/A KMART, Defendant. ) ) ) ) Civil. No. 2017-59 ) ) ) ) ) ) ) Appearances: Ryan W. Greene St. Thomas, U.S.V.I. For Cenobia Perez, Richard F. Farrelly Law Offices of Birch DeJongh & Hindels PLLC St. Thomas, U.S.V.I. For Kmart Corporation. ORDER GÓMEZ, J. The Court has been informed that Sears Holdings Corporation (“Sears”) has filed a voluntary petition under Chapter 11 of the Bankruptcy Code. Pursuant to 11 U.S.C. § 362, Sears’s bankruptcy petition automatically stays all judicial proceedings against Sears and its debtor affiliates. Kmart Corporation is listed as Case: 3:17-cv-00059-CVG-RM Document #: 31 Filed: 09/30/19 Page 1 of 2 Perez v. Kmart Corp. Civ. No. 2017-59 Order a debtor affiliate in Sears’s Chapter 11 petition. See ECF No. 27 Ex. A at 5. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN CENOBIA PEREZ, Plaintiff, v. KMART CORPORATION D/B/A KMART, Defendant. ) ) ) ) Civil. No. 2017-59 ) ) ) ) ) ) ) Appearances: Ryan W. Greene St. Thomas, U.S.V.I. For Cenobia Perez, Richard F. Farrelly Law Offices of Birch DeJongh & Hindels PLLC St. Thomas, U.S.V.I. For Kmart Corporation. ORDER GÓMEZ, J. The Court has been informed that Sears Holdings Corporation (“Sears”) has filed a voluntary petition under Chapter 11 of the Bankruptcy Code. Pursuant to 11 U.S.C. § 362, Sears’s bankruptcy petition automatically stays all judicial proceedings against Sears and its debtor affiliates. Kmart Corporation is listed as Case: 3:17-cv-00059-CVG-RM Document #: 31 Filed: 09/30/19 Page 1 of 2 Perez v. Kmart Corp. Civ. No. 2017-59 Order a debtor affiliate in Sears’s Chapter 11 petition. See ECF No. 27 Ex. A at 5. The premises considered, it is hereby ORDERED that the Clerk of the Court shall designate this action as a suspense matter; it is further ORDERED that this matter shall be removed from the active trial docket; it is further ORDERED that this matter shall be included in the Civil Suspense Docket; it is further ORDERED that on November 1, 2019, and on the 1st day of every month thereafter, the parties shall apprise the Court of the status of the bankruptcy proceedings; it is further ORDERED that the case be restored to the trial docket when the action is in a status so that it may proceed to final disposition; and it is further ORDERED that this order shall not prejudice the rights of the parties to this litigation. S\ Curtis V. Gómez District Judge Case: 3:17-cv-00059-CVG-RM Document #: 31 Filed: 09/30/19 Page 2 of 2