Case: 09-2356 Document: 24 Filed: 05/17/2010 Pages: 2

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Everett M cKinley D irksen U nited States C ourthouse O ffice of the C lerk

R oom 2722 - 219 S. D earborn Street Ph on e: (312) 435-5850
C hicago, Illinois 60604 w w w .ca7.u scou rts.gov

ORDER
Submitted April 23, 2010
Decided May 17, 2010

BEFORE

WILLIAM J. BAUER, Circuit Judge

TERENCE T. EVANS, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge

PAPA JOHN'S INTERNATIONAL, INCORPORATED, et al.,

Plaintiffs - Appellants

No.: 09-2356 v.

ANTOIN S. REZKO, et al.,

Defendants - Appellees

Originating Case Information:

District Court No: 1:04-cv-03131

Northern District of Illinois, Eastern Division
District Judge Samuel Der-Yeghiayan

The following are before the court:

1. MOTION TO WITHDRAW, filed on June 24, 2009, by counsel for the

appellees.

2. RESPONSE OF APPELLANTS TO MOTION OF APPELLEES’ COUNSEL

TO WITHDRAW, filed on June 26, 2009, by counsel for the appellants.

3. CROSS-MOTION AND BRIEF OF APPELLANTS TO REQUEST

CONDITIONS UPON ORDER PERMITTING APPELLEES’ COUNSEL TO
 Case: 09-2356 Document: 24 Filed: 05/17/2010 Pages: 2

Appeal no. 09-2356 Page 2

WITHDRAW, filed on June 26, 2009, by counsel for the appellants.

4. RESPONSE IN OPPOSITION TO CROSS-MOTION FOR CONDITIONS

UPON ORDER PERMITTING APPELLEES’ COUNSEL TO WITHDRAW,
filed on July 7, 2009, by counsel for the appellees.

5. APPELLANTS’ JURISDICTIONAL MEMORANDUM PURSUANT TO

THE COURT’S JANUARY 28, 2010 ORDER, filed on February 10, 2010, by
counsel for the appellants.

6. DEFENDANT-APPELLEES’ MEMORANDUM IN RESPONSE TO THE

COURT’S REQUEST, filed on February 10, 2010, by counsel for the
appellees.

Proceedings in the underlying case were stayed with respect to Antoin S. Resko
pursuant to 8 U.S.C. § 362(a) when he filed an involuntary bankruptcy petition. The
plaintiffs then requested the entire proceedings be stayed pending further court order in
light of other pending cases. The case was reassigned to a new district court judge in April
2009, who sua sponte dismissed the case five days after the reassignment. The court
explained only, “In view of the fact that this case is five years old and the record being
unclear as to which Defendants are in or affected by the Bankruptcy, the instant action is
hereby terminated without prejudice to reinstate once Plaintiffs decide that the Bankruptcy
is no longer an impediment for the case to proceed against one or more of the Defendants.”

The plaintiffs appealed and we ordered jurisdictional memoranda. The district

court’s dismissal order violated 8 U.S.C. § 362(a) and is void. See Ellis v. Consolidated Diesel
Elec. Corp., 894 F.2d 371, 372-73 (10th Cir. 1990); In re 48th Street Steakhouse, Inc., 835 F.2d 427,
431 (2nd Cir. 1987); Pope v. Manville Forest Prod. Corp., 778 F.2d 238, 239 (5th Cir. 1985). If it
deems it appropriate, the district court can proceed as to the defendants not affected by the
automatic stay provision. If not, the case must remain on the district court’s docket until
final disposition of the bankruptcy proceeding or the bankruptcy court lifts the stay. See
Pope, 778 F.2d at 239. This appeal is closed. Counsel may renew their request to withdraw
in the district court.

form name: c7_Order_3J (form ID: 177)