Judge Orders Plaintiffs to Seek Permission to Lift Stay in Silica Case

DAYTON, Ohio - A state court judge in Ohio has ordered plaintiffs in a silica case to ask a federal bankruptcy court whether an automatic stay imposed after a defendant filed for Chapter 11 protection can be lifted so that the case can be reopened. Ash v. 3M Company, et al., No. 04-CV-5811 (Ohio Comm. Pls., Montgomery Cty.).

According to an order entered Nov. 17 in the Montgomery County Court of Common Pleas, permission from the bankruptcy court is necessary for the plaintiff's case to proceed against the bankrupt defendant or, in the alternative, so that discovery can be conducted.