Opinion

Eisenbach v. City of St. Louis, Missouri

Court
District Court, E.D. Missouri
Filed
Sep 29, 2023
Cited by
0 cases
Authority
More cited than 24.2%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

BRANDON EISENBACH, )

)

Plaintiff, )

)

v. ) No. 4:23-CV-462-HEA

)

CITY OF ST. LOUIS, MISSOURI, et al., )

)

Defendants. )

OPINION, MEMORANDUM AND ORDER

This matter is before the Court upon a Motion for Stay filed by Defendants Deborah

Jones, Naomi Perry, Khalilah Morse, Lakisha Baxton, and Andreal Brown (ECF No. 18), and a

Motion for Stay filed by Defendant Nawassha Frazier. (ECF No. 28). For the reasons explained

below, the motions will be denied, without prejudice.

Background

Defendants Jones, Perry, Morse, Baxton, Brown, and Frazier (collectively “Defendants”)

are healthcare providers. In the Complaint, Plaintiff claims they are responsible for injuries he

sustained while incarcerated at the St. Louis City Justice Center (also “Justice Center”). At the

time of the incidents giving rise to Plaintiff’s claims, Defendants were employed by Corizon, the

contracted provider of health care services at the Justice Center, and their alleged wrongdoing

occurred in the course and scope of such employment.

At present, Corizon is also known as Tehum Care Services, Inc. (“TCS”). On February

13, 2023, Corizon/TCS filed a voluntary petition pursuant to Chapter 11 of the Bankruptcy Code,

which currently remains pending. See In re Tehum Care Services, Inc., No. 23-90086 (S.D. Tx.

2023). The Complaint in this case was filed on April 12, 2023. Defendants provide

documentation that, in other civil actions in this judicial district and others, Corizon/TCS has

filed suggestions of bankruptcy and notices of automatic stay. See, e.g., (ECF Nos. 18-1 and 28-

1). Corizon/TCS is not currently a named party defendant in this action.

In the instant motions, Defendants ask the Court to order a stay of these proceedings as to

the claims against them. They ask that the stay be entered for at least 90 days. In support,

Defendants state they did not carry liability insurance to cover them for claims such as the ones

asserted in the Complaint, and that Corizon traditionally and routinely defended and indemnified

its current and former employees for such claims. They aver that Plaintiff’s “real claim” is

therefore against Corizon/TCS. (ECF No. 18 at 2; ECF No. 28 at 2). They state that

Corizon/TCS’s insurance coverage for such claims is not triggered until it pays its self-insured

retention, and contend that because the bankruptcy stay precludes such payment, insurance

coverage on their behalf is effectively precluded.

Defendants speculate that the bankruptcy court may extend the bankruptcy stay as to

them. They state they cannot effectively defend themselves without access to documents and

other materials Corizon/TCS possesses, which are currently unavailable due to the pending

bankruptcy proceedings. Finally, Defendants assert that a stay would be fundamentally fair to

them and promote judicial economy and efficiency by allowing them to avoid or minimize work,

such as depositions, that may ultimately prove moot if they are included in any bankruptcy

discharge. They also note they may have to defend themselves with their own resources.

Defendants provide a document titled “Corizon Case List – Notices Filed,” and they

provide a copy of the Texas Bankruptcy Court’s March 3, 2023 order temporarily extending the

automatic stay to other entities and parties pursuant to § 105(a) of the Bankruptcy Code. (ECF

No. 18-1 and 18-2; ECF No. 28-1 and 28-2). Defendants ask for a stay of at least 90 days to

allow them to evaluate the impact of Corizon/TCS’s bankruptcy, arrange for substitute counsel if

needed, and evaluate the merits of Plaintiff’s claims.

Discussion

Defendants do not assert, and independent inquiry does not show, that the bankruptcy

court has extended the stay as to the claims against them in this action. Defendants also identify

no authority allowing this Court to extend the bankruptcy stay pursuant to § 105(a) of the

Bankruptcy Code, and the Court is aware of no such authority. Therefore, to the extent

Defendants can be understood to request such an extension, the request is denied.

This Court does have “broad discretion to stay proceedings when appropriate to control

its docket.” Sierra Club v. U.S. Army Corps of Engineers, 446 F.3d 808, 816 (8th Cir. 2006)

(citing Clinton v. Jones, 520 U.S. 681, 706 (1997)). However, based upon the current record, the

Court finds no reason to stay this matter as to Defendants at this time. Defendants present no

evidence that Corizon/TCS has agreed to defend or indemnify them in this action. Additionally,

Plaintiff has yet to effect service of process upon all of the named defendants, and not all named

defendants have answered the Complaint. There is no scheduling order in effect establishing

deadlines for discovery and other events, so Defendants are under no Court-ordered obligation to

complete depositions or other such work at this time. However, recognizing that the relevant

circumstances may change as this case progresses, the Court will deny the motions without

prejudice.

Accordingly,

IT IS HEREBY ORDERED that the Motion for Stay filed by Defendants Deborah

Jones, Naomi Perry, Khalilah Morse, Lakisha Baxton, and Andreal Brown (ECF No. 18) is

DENIED without prejudice.

IT IS FURTHER ORDERED that the Motion for Stay filed by Defendant Nawassha

Frazier (ECF No. 28) is DENIED without prejudice.

Dated this 29" day of September, 2023. ly

HENRY EDWARD AUTREY

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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