Local No. 171 Pension Fund v. Biehl Cleaners, Inc.

Cc QO H EN Michael S. Adler, Partner Tel: 212.356.0251 WEISS Fax: 646.473.8251 AND [email protected] SIMON wanowsny.com LLP Third Avenue * New York, NY 10022-4869 May 19, 2023 By Electronic Case Filing The Honorable Jennifer L. Rochon United States District Judge Thurgood Marshall United States Courthouse Foley Square New York, New York 10007 Re: — Local No. 171 Pension Fund v. Biehl Cleaners, Inc. et al.

1:22-cv-02133-JLR Dear Judge Rochon: We represent Plaintiff in the above referenced action.

Plaintiffs write to inform the court that two of the Defendants (Biehl Cleaners Inc. and Stone Brothers LLC) have filed for Bankruptcy in the Central District of Illinois. I have attached counsel’s email and accompanying notices.

Accordingly, it appears that this case should be stayed.

Respectfully Submitted, /s/ Michael S. Adler Michael S Adler MSA: gtk Attachments Pursuant to 11 U.S.C. § 362(a), this action is automatically stayed only against the debtors, Defendants Biehl Cleaners and Stone Brothers LLC, and not the other co-defendants in this action.

See Tchrs. Ins. & Annuity Ass'n of Am. 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."). To the extent the parties seek to stay litigation against Delbert M. Stone Revocable Trust, as well, they shall file a joint letter no later than May 26, 2023.

SO ORDERED.

Dated: May 22, 2023 . GZ Nev Yor, New York Si Me — United States District Judge