Passante v. Luzzo's 211, LLC

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT OE OARS FILED nenenenX DATE PILED: 7/7/20 MARIO PASSANTE, Plaintiff, 1:20-cv-4771-GHW -against- ORDER LUZZO’S 211, LLC and MICHELE IULIANO, Defendants.

GREGORY H. WOODS, District Judge: The Court has recetved Defendant Luzzo’s 221, LLC’s (“Luzzo’s”) letter indicating that it has filed for Chapter 7 bankruptcy. Dkt. No. 10. The instant proceedings against Luzzo’s are automatically stayed under 11 U.S.C. § 362(a)(1). Unless otherwise ordered by the Court, however, the proceedings against Michele Iuliano in this action are not stayed. See Oueenie, Lid. v. Nygard Intern, 321 F.3d 282, 287 (2d Cir. 2003) (“[A] suit against a codefendant is not automatically stayed by the debtor’s bankruptcy filing.”’); Teachers Insurance and Annuity Ass’ n v. Butler, 803 F.2d 61, 65 (2d Cir. 1986) (‘It is well-established that stays pursuant to § 362(a) are limited to debtors and do not encompass non-bankrupt co-defendants.”’).

SO ORDERED.

Dated: July 7, 2020 J\ NAL ead Keo . WOODS United States District Judge