Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

NORTHERN WISCONSIN PRODUCE COMPANY, INC.,

) ) ) Plaintiff, ) ) vs. ) ) STEVE DELAPORTAS, JOANNE ) DELAPORTAS, and IONIAN FOODS, ) LLC, ) ) Defendants. ) ___________________________________)

No. 2:02-cv-2366-HRH

O R D E R Case Status Designation; Case Stayed as to Defendant Steven J. Delaportas The court is notified of a Chapter 7 bankruptcy filing made by defendant Steven J. Delaportas.1 Accordingly, proceedings in this The court understands

case as to Mr. Delaportas only are stayed.

that neither Joanne Delaportas nor Ionian Foods, LLC, has filed a bankruptcy petition. Therefore, the case will continue as to them. By order of May 21, 2008, the court dealt with the plaintiff's motion for entry of default judgment against Steven J. and Joanne Delaportas and Ionian Foods.2 The court granted plaintiff's motion

1

Docket No. 140. Docket No. 139. - 1 -

2

Case 2:02-cv-02366-HRH

Document 141

Filed 06/11/2008

Page 1 of 2

in part and denied it in part.

The clerk of court was directed to

defer entry of judgment to the extent it was granted pending further advice from plaintiff by June 3, 2008, regarding whether plaintiff would submit additional formal proof for purposes of seeking greater recoveries than those allowed by the court.

June 3, 2008, has passed.

However, the court recognizes that the

bankruptcy stay as to Mr. Delaportas may have caused counsel for plaintiff to suspend all further proceedings in this case. It is

the court's perception that the bankruptcy stay applies only to Mr. Delaportas. If the court is mistaken in that regard, counsel

for plaintiff will please so inform the court; otherwise, the court perceives no reason why the case should not proceed to a conclusion as to Joanne Delaportas and Ionian Foods, LLC. As to Joanne Delaportas and Ionian Foods, the court wonders if it is really cost effective for plaintiff to proceed further, that is, to endeavor to obtain a default judgment against them in excess of the $305,702.10 already approved by the court. On or before

June 26, 2008, counsel for plaintiff will please advise the court of how he wishes to proceed: conclude this case as to Joanne

Delaportas and Ionian Foods, LLC, as above suggested; proceed further against those two defendants; or stay the case entirely pending conclusion of the bankruptcy proceedings instituted by Steven Delaportas. DATED at Anchorage, Alaska, this 10th day of June, 2008.

/s/ H. Russel Holland United States District Judge - 2 -

Case 2:02-cv-02366-HRH

Document 141

Filed 06/11/2008

Page 2 of 2