DEEP SOUTH VEGETABLES INC v. BENSON HILL HOLDINGS INC

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION

DEEP SOUTH VEGTABLES, INC., :

Plaintiff, : : v. : CASE NO.: 7:23-CV-69 (WLS) : BENSON HILL HOLDINGS, INC., : : Defendant. : : ORDER On November 9, 2023 the Court received a Notice (Doc. 22) from Plaintiff/Counter- Defendant, Deep South Vegetables Inc., (“Plaintiff”), that it had filed for Chapter 12 bankruptcy protection in the Untied States Bankruptcy Court for the Middle District of Georgia, Case No. 7:23-BK-71134. A bankruptcy filing typically operates as an automatic stay of all proceedings against the debtor. 11 U.S.C. § 362(a). When the debtor is the plaintiff the automatic stay usually does not apply to that plaintiff’s claims. Crosby v. Monroe Cnty., 394 F.3d 1328, 1331 n. 2 (11th Cir. 2004) (citing 11 U.S.C. § 362(a)). But a stay would usually apply to Defendants’ counterclaims, because those claims are against the debtor. Koolik v. Markowitz, 40 F.3d 567, 568 (2d Cir. 1994). The Court, therefore, ORDERS the parties to state their positions on what impact (if any) the automatic stay has on the counterclaims asserted against Plaintiffs no later than Tuesday, November 28, 2023.

SO ORDERED, this 14th day of November, 2023.

/s/ W. Louis Sands W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT