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Central Laborers' Pension Welfare and Annuity Funds v. Midwestern Masonry & Restoration

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 31, 2010

CENTRAL LABORERS' PENSION WELFARE AND ANNUITY FUNDS, PLAINTIFF,
v.
MIDWESTERN MASONRY & RESTORATION, INC., ET AL, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

This matter is before the Court for case management purposes. On November 23, 2009, the Court entered an Order staying the case pursuant to the automatic stay provision of 11 U.S.C. § 362(a) of the Bankruptcy Code (Doc. 11).*fn1 The parties were instructed to inform the Court once bankruptcy proceedings were completed. However, the bankruptcy proceedings appear to have been discharged on April 6, 2010 with Plaintiff appearing to be subject to Defendant's Chapter 7 discharge, but the parties have not informed the Court of the discharge nor has any action been taken in the case since the Court issued the stay. The Court sees no reason for this matter to remain pending. Therefore, the Court ORDERS Plaintiff to show cause as to why this case should not be dismissed without prejudice.

Plaintiff has up to and including September 14, 2010 in which to file a response showing cause, seeking to release the stay, or dismiss the action. If Plaintiff fails to show cause, the matter will be dismissed without prejudice pursuant to the discharge.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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