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06-1492 - Whitney National Bank v. Medical Plaza Surgical Center, LLP et al


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06-1492 - Whitney National Bank v. Medical Plaza Surgical Center, LLP et al
February 1, 2007
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MEMORANDUM AND ORDER entered GRANTING Pltfs 36 MOTION to Dismiss Defts counterclaims. Bui and Guajardo have until 2/16/07 to file amended pleadings to attempt to meet the pleading deficiencies.( Signed by Judge Lee H Rosenthal ) Parties notified.(leddins, )
October 25, 2007
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MEMORANDUM AND ORDER entered GRANTING 58 MOTION for Partial Summary Judgment. A status conference is set for 11/13/07, at 10:30 to discuss the crossclaims and Whitney Banks claims for attorneys fees.( Signed by Judge Lee H Rosenthal ) Parties notified.(leddins, )
January 10, 2008
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MEMORANDUM AND ORDER entered granting attorneys fees. On December 21, 2007, one of the nonsettling defendants, Clifford Kirby, filed a notice that on November 9, 2007, he had filed for bankruptcy under Chapter 7 of the Bankruptcy Code. (In re Kirby, No. 07-37840-H5-7 (Bankr. S.D. Tex filed Nov. 9, 2007)). A petition filed under 11 U.S.C. §§ 301, et seq., operates as a stay of the continuation of a judicial proceeding against the debtor that was commenced before the initiation of the bankruptcy proceeding. 11 U.S.C. § 362(a)(1). The automatic stay is in effect as to Kirby.No later than January 25, 2008, Whitney Bank is to submit a proposed final judgment.( Signed by Judge Lee H Rosenthal ) Parties notified.(leddins, )