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16-11815 - Nwachukwu v. Vinfen Corporation


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16-11815 - Nwachukwu v. Vinfen Corporation
March 21, 2018
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tion. Standing is less certain. The bankruptcy trustee retains exclusive standing to pursue the employment discrimination case. The court requires a "clear and unequivocal" indication as to the trustee's intentions regarding the employMagistrate Judge M. Page Kelley: ORDER entered. MEMORANDUM AND ORDER on 33 Motion to Dismiss Complaint : "Defendant's motion to dismiss on the basis of judicial estoppel is DENIED. Although plaintiff did not initially reveal the pending employment discrimination lawsuit to the bankruptcy court, it has now been revealed to and accepted by the bankruptcy court. Moreover, plaintiff has not had his debts discharged in bankruptcy; he has not had success based on any inconsistent posiment discrimination lawsuit. The defendant's motion to dismiss on the basis of standing is DENIED without prejudice. The bankruptcy trustee will be given 45 days to respond, otherwise the case will be dismissed due to lack of standing. A copy of this opinion will be provided to the bankruptcy court. " Please see order for further details. (Moore, Kellyann)