Case Information
*1 Case 2:21-cv-00207-SPC-MRM Document 43 Filed 02/07/22 Page 1 of 2 PageID 359
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION AMBER RUCKER, an individual,
Plaintiff/Counter-Defendant, v. Case No.: 2:21-cv-207-SPC-MRM GREAT DANE PETROLEUM
CONTRACTORS, INC.,
Defendant/Counter-Plaintiff.
/ ORDER [1]
Before the Court is Plaintiff’s Status Report ( Doc. 42). About six months ago, Plaintiff filed for Chapter 13 bankruptcy and the Co urt stayed Defendant’s counterclaims against her (Doc. 34). Plaintiff now tells the Court that the Bankruptcy Court lifted the automatic stay to allow its counterclaim for civil theft (Count 1) to proceed here. The Bankruptcy Court stated that Great Dane may pursue the counterclaim through judgment but may take no action to collect on any judgment it may obtain. Based on th e Bankruptcy Court’s order, the Court will lift the stay only as to Count 1 (civil theft in violation of Fla. Stat. § 772.11) . The case will remain stayed as to Count 2 of Defendant’s *2 Case 2:21-cv-00207-SPC-MRM Document 43 Filed 02/07/22 Page 2 of 2 PageID 360 counterclaims. Thus, the Court still expects Plaintiff to provide status updates on the bankruptcy proceedings every 90 days.
Accordingly, it is now
ORDERED:
1. The stay as to Count 1 of Defendant’s counterclaims is LIFTED . The
case remains stayed as to Count 2 of Defendant’s counterclaims. 2. The Clerk is DIRECTED to leave the stay flag on the docket to reflect
the automatic stay in effect as to Count 2 of Defendant’s counterclaims.
DONE and ORDERED in Fort Myers, Florida on February 7, 2022. Copies: All Parties of Record
2
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