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15-994 - Team Express Distributing LLC v. Junction Solutions, Inc., et al


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15-994 - Team Express Distributing LLC v. Junction Solutions, Inc., et al
January 22, 2016
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ORDER The action before the Court involves a judicial proceeding initiated by the debtor as well as a counterclaim against the debtor, commenced before the bankruptcy proceeding began. Plaintiff, who is the debtor-in-possession before the Bankruptcy Court, has expressed the desire to continue litigating its offensive claims (Dkt. # 10 at 1); accordingly, Plaintiffs offensive claims are not stayed, and shall proceed during the pendency of the bankruptcy suit. However, because a proceeding against a debtor must be stayed while the debtor subject to suit is4engaged in a bankruptcy proceeding, this Court finds that Junctions counterclaim must be STAYED pursuant to Section 362 of the United States Bankruptcy Code. Signed by Judge David A. Ezra. (rf)
February 24, 2016
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ORDER GRANTING 20 Motion for relief. Signed by Judge David A. Ezra. (rg)
May 19, 2016
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***PAGES 12 AND 13 ARE VACATED PURSUANT TO AN ORDER VACATING ORDER TO REMAND FILED ON MAY 31, 2016, DOCUMENT #46***ORDER GRANTING 30 Motion to Amend Complaint, As the addition of RSM destroys diversity jurisdiction, this case is hereby REMANDED to the 438th Judicial District Court of Bexar County. Signed by Judge David A. Ezra. (rg) Modified on 5/31/2016 (rg).
May 31, 2016
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ORDER GRANTING 42 Motion to Amend its Answer and MOTION for Reconsideration. Junction is to file its amended answer and counterclaim with the Court; the portions of pages 12 and 13 of this Courts May 19, 2016 order are VACATED, and this Court again assumes jurisdiction over the matter. Signed by Judge David A. Ezra. (rg)