Opinion

UNITED STATES DISTRICT COURT USDC SDNY

SOUTHERN DISTRICT OF NEW YORK DOCUMENT

NEWTON BROWN. LLC ELECTRONICALLY FILED

DOC #:

Plaintiff DATE FILED: 6/18/2026 □□

-against- 25 Civ. 1075 (AT)

DURAMAX HOLDINGS, LLC d/b/a OTTO ORDER

ENVIRONMENTAL SYSTEMS, BRIAN COLL,

SHAWN McNEIL, SHAWN

WHITEMAN, and TRAVIS DOWELL,

Defendants.

ANALISA TORRES, District Judge:

The Court has reviewed Defendants’ status letter dated June 17, 2026, which requests that

Plaintiff's motion to alter judgment, see ECF No. 64, be decided as to Brian Coll, Travis Dowell,

Shawn Whiteman, and Shawn McNeil but stayed as to Duramax Holdings, LLC’s (“Duramax”)

while bankruptcy proceedings against Duramax remain pending. See ECF No. 73. Defendants state

that they consent to the stay of this action only as to Duramax. See id.

Defendants’ letter indicates that Plaintiff requests that both the motion to alter judgment and

the action be stayed against all Defendants while bankruptcy proceedings against Duramax remain

pending. See id.

This action is STAYED as to Duramax only while it is in involuntary bankruptcy proceeding

in the Western District of North Carolina. See In re Trib. Co. Fraudulent Conv. Litig., 946 F.3d 66,

76 (2d Cir. 2019) (“When a bankruptcy action is filed, any ‘action or proceeding against the debtor’

is automatically stayed by [11 U.S.C.] Section 362(a).” (quoting Ostano Commerzanstalt v. Telewide

Sys., Inc., 790 F.2d 206, 207 (2d Cir. 1986) (per curiam)).

Decision on Plaintiff's motion to alter judgment is held in abeyance as to all Defendants

while Duramax is in bankruptcy proceedings.

SO ORDERED.

Dated: June 18, 2026

New York, New York

ANALISA TORRES

United States District Judge