Local No. 171 Pension Fund v. Biehl Cleaners, Inc.

Opinion

COH EN Michael S. Adler, Partner Tek 212.356.0251 W KI S S Fax: 646.473.8251 —— AND——— madler@cwsny.com SI V [ ON www.cwsny.com LLP 900 Third Avenue * New York, NY 10022-4869

May 22, 2023

By Electronic Case Filing The Honorable Jennifer L. Rochon United States District Judge Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: — Local No. 171 Pension Fund v. Biehl Cleaners, Inc. et al. 1:22-cv-02133-JLR Dear Judge Rochon: We represent Plaintiff in the above referenced action. We write, with the consent of counsel for Defendants, in accord with today’s Order, to respectfully request that the bankruptcy stay apply to the Delbert M. Stone Revocable Trust as well. We thank the Court for its consideration of this matter. Respectfully Submitted,

/s/ Michael S. Adler Michael S Adler cc: Edward F Sutkowski, Esq. (via ECF) Timothy J. Cassidy, Esq. (via ECF) request to stay the proceedings against non-debtor Defendant Trust is GRANTED. While a suit against a debtor's co- is not generally stayed by the debtor's bankruptcy filing, a court may stay a proceeding against the non-debtor if a im against the non-debtor will have an immediate adverse economic consequence for the debtor's estate." Queenie, Lid. v. Int'l, 321 F.3d 282, 287 (2d Cir. 2003). In light of the fact that the parties consent to staying the proceedings against 1 and in light of the fact that the Complaint alleges that the Trust is only party to the suit nominally -- that is, the owners fendant Biehl Cleaners Inc., owned that corporation in their individual capacity and through the Trust -- the Court exercise discretion to stay the proceedings against the Trust as well. The parties shall update the Court as to the status of the case n than October 30, 2023, or within 7 days of the lifting of the bankruptcy stay, whichever is earlier. All scheduled and proceedings are adjourned without date. Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 62 and 65. ¢9 orpERED. 9934666.1 vw) YQ