Lacey v. Nabors Completion & Production Services et al

1:18-cv-00244NddJan 29, 2019

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Kelvin Lacey, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Nabors Completion & Production Services; )
and C&J Spec-Rent Services, Inc., d/b/a 	) 	Case No. 1:18-cv-244
C&J Energy Services, 	)
)
Defendants. 	)
On January 29, 2019, the court held a status conference in the above captioned matter. In
defendants’ answer, filed on January 16, 2019, defendants allege that plaintiff’s claims are
discharged and enjoined as a result of the bankruptcy case filed by defendants on July 20, 2016, in
the Bankruptcy Court for the Southern District of Texas. In the alternative, defendants allege that
plaintiff’s claims are the subject to mandatory arbitration. The court has concluded that these two
issues should be resolved sooner rather than later. Therefore, the court ORDERS:
1. 	Defendants shall file a motion to dismiss and supporting brief regarding the issue of
discharge as a result of the bankruptcy proceedings and the issue of whether the
plaintiff’s claims are the subject of mandatory arbitration, no later than February 28,
2019.
2. 	Plaintiffs shall file their response no later than March 30, 2019.
3. 	Defendants may file a reply no later than April 10, 2019,
IT IS SO ORDERED.
Dated this 29th day of January, 2019.
/s/ Charles S. Miller, Jr.
Case 1:18-cv-00244-CSM Document 16 Filed 01/29/19 Page 1 of 2
Charles S. Miller, Jr.
United States Magistrate Judge
Case 1:18-cv-00244-CSM Document 16 Filed 01/29/19 Page 2 of 2

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