HTML Document View

Full title: Order Granting Agreed Motion to Clarify Order Granting Relief from Stay to Pursue Litigation (related document(s) 423 Order on motion for relief from stay (related document # 818) Entered on 7/14/2021. (Okafor, M.)

Document posted on Jul 13, 2021 in the bankruptcy, 3 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

In re: § Chapter 7 § THE LASALLE GROUP, INC., § Case No. 19-31484 § Debtor. § § ORDER GRANTING AGREED MOTION TO CLARIFY ORDERGRANTING RELIEF FROM AUTOMATIC STAY TO PURSUE LITIGATION On July 9, 2021, the Agreed Motion to Clarify the Agreed Order Granting Agreed Motion for Relief from Stay to Pursue Litigation (the “Motion”) was filed by Timothy Greene and Kaye Sheets, individually, and Timothy Greene on behalf of the Estate of Eula Greene (the “Plaintiffs”) in the above referenced case.The Court finds that the Motion was properly served pursuant to the Federal and Local Rules of Bankruptcy Procedure and that it contained the appropriate twenty-one (21)-day negative notice language, pursuant to LBR 9007-1(c), which directed any party opposed to the granting of the relief sought by the Motion to file a written response within twenty-one (21) days or the Motion would be deemed by the Court to be unopposed. IT IS THEREFORE ORDERED that the Agreed Motion to Clarify the Agreed Order Granting Agreed Motion for Relief from Stay to Pursue Litigation filed on July 9, 2021 is hereby GRANTED so as to clarify the following with respect to the Agreed Order Granting Agreed Motion for Relief from Stay to Pursue Litigation (the “Agreed Order”) entered by this Court on September 27, 2019 (Docket No. 423).

List of Tables

Document Contents

The following constitutes the ruling of the court and has the force and effect therein described. igned July 13, 2021 _____________________________________ ________________________________ UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION In re: § Chapter 7 § THE LASALLE GROUP, INC., § Case No. 19-31484 § Debtor. § § ORDER GRANTING AGREED MOTION TO CLARIFY ORDER GRANTING RELIEF FROM AUTOMATIC STAY TO PURSUE LITIGATION On July 9, 2021, the Agreed Motion to Clarify the Agreed Order Granting Agreed Motion for Relief from Stay to Pursue Litigation (the “Motion”) was filed by Timothy Greene and Kaye Sheets, individually, and Timothy Greene on behalf of the Estate of Eula Greene (the “Plaintiffs”) in the above referenced case. The Court finds that the Motion was properly served pursuant to the Federal and Local Rules of Bankruptcy Procedure and that it contained the appropriate twenty-one (21)-day negative notice language, pursuant to LBR 9007-1(c), which directed any party opposed to the granting of the relief sought by the Motion to file a written response within twenty-one (21)

1

days or the Motion would be deemed by the Court to be unopposed. The Court finds that no objection or other written response to the Motion has been timely filed by any party. Due to the failure of any party to file a timely written response, the allegations contained in the Motion stand unopposed and, therefore, the Court finds that good cause exists for the entry of the following order. IT IS THEREFORE ORDERED that the Agreed Motion to Clarify the Agreed Order Granting Agreed Motion for Relief from Stay to Pursue Litigation filed on July 9, 2021 is hereby GRANTED so as to clarify the following with respect to the Agreed Order Granting Agreed Motion for Relief from Stay to Pursue Litigation (the “Agreed Order”) entered by this Court on September 27, 2019 (Docket No. 423). (i) The Agreed Order does not prevent the Plaintiffs from pursuing the Plaintiffs’ claim for punitive damages; and (ii) The Agreed Order does not provide any limits on the damages that Plaintiffs may prove against the Debtor. ## END OF ORDER ##

2

AGREED AS TO FORM AND TO SUBSTANCE: HAYWARD PLLC By: /s/ Todd Headden Todd Headden Texas Bar No. 24096285 THeadden@HaywardFirm.com Melissa S. Hayward Texas Bar No. 24044908 MHayward@HaywardFirm.com 10501 N. Central Expy., Ste. 106 Dallas, Texas 75231 Tel: (972) 755-7100 Fax: (972) 755-7110 Counsel for Timothy Green and Kaye Sheets -AND- /s/ David W. Elmquist David W. Elmquist – SBT #06591300 REED & ELMQUIST, P.C. 501 N. College Street Waxahachie, TX 75165 (972) 938-7339 (972) 923-0430 (fax) ATTORNEYS FOR DIANE G. REED, CHAPTER 7 TRUSTEE

3