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Bremus v. AMR Corp.

United States District Court, E.D. Virginia, Norfolk Division

November 3, 2014

Anne Melchor Bremus, Plaintiff,
v.
AMR Corp., et al., Defendants

For Anne Melchor Bremus, Plaintiff: John B. Mann, John B Mann PC, Richmond, VA.

For AMR Corporation, American Airlines, Inc., American Eagle Airlines, Inc., Defendants: William McCardell Furr, LEAD ATTORNEY, Willcox & Savage PC, Norfolk, VA; Daniel E Farrington, Lauren Genvert Goetzl, PRO HAC VICE, The Farrington Law Firm LLC, Bethesda, MD.

Page 222

OPINION AND FINAL ORDER

REBECCA BEACH SMITH, CHIEF UNITED STATES DISTRICT JUDGE.

This matter comes before the court on the " Motion for Judgment on the Pleadings" (" Motion" ), ECF No. 22, and accompanying " Memorandum of Law in Support of Motion," ECF No. 23, filed by AMR Corporation (" AMR" ), American Airlines, Inc. (" American Airlines" ), and American Eagle Airlines, Inc. (" American Eagle" ) (collectively, the " Defendants" ), on August

Page 223

12, 2014. For the reasons stated herein, the Motion is GRANTED. The Plaintiff's Request for Oral Argument, ECF No. 37, filed on September 30, 2014, is DENIED, as the record and filings are sufficient for the court to decide the matter without a hearing.[1]

I. Factual and Procedural History

A. Bankruptcy Court Proceedings

On November 29, 2011, the Defendants, along with other related debtors (the " Debtors" ), initiated a voluntary bankruptcy proceeding under Chapter 11 of Title 11 of the United States Code (the " Bankruptcy Code" ) in the United States Bankruptcy Court for the Southern District of New York (the " Bankruptcy Court" ). Defs.' Mem. Law in Supp. of Mot. at 2. In total, twenty companies entered bankruptcy at the same time, involving more than 100,000 creditors, greater than one billion dollars in liabilities, and more than 23,000 proofs of claim. Id.; Defs.' Reply to Pl.'s Opp'n (" Reply" ) at 7, ECF No. 35.

The Plaintiff filed a proof of claim with the Bankruptcy Court on January 3, 2012, for " nonpayment of wages and reversal of insurance payments." Pl.'s Resp. in Opp'n, Ex. A, Bremus Aff. & Attached Files, ECF No. 33-1. Over one month later, on February 24, 2012, the Plaintiff filed the Complaint in this court against the Defendants for employment discrimination and retaliation under the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ECF No. 1. The alleged discrimination took place between September 2009 and September 2011. Compl. at 3-8. On February 28, 2012, this court entered an Order staying the Plaintiff's employment discrimination action until after the resolution of the bankruptcy proceeding. ECF No. 3.

On May 4, 2012, the Bankruptcy Court set July 16, 2012, as the deadline (the " Bar Date" ) for creditors to file a proof of claim. Defs.' Mem. Law in Supp. of Mot., Ex. A, Bankr. Ct. Order of May 4, 2012 (" Bar Date Order" ) at 1-2, ECF No. 23-1. Notice of the Bar Date Order (" Bar Date Notice" ) was sent to all potential claimants, and it clearly stated that an untimely claimant " will be forever barred from asserting such claim against the debtors and their Chapter 11 estates." Id. at 16-17 (emphasis added). The Bar Date Notice was mailed to the Plaintiff on May 18, 2012. Id. at Ex. B, Baumgarten Aff. at 2 & Ex. B, ECF No. 23-2.[2] The Plaintiff did not file her proof of claim for employment discrimination until August 5, 2013, more than one year after the Bar Date. Pl.'s Resp. in Opp'n, Ex. B, Bremus Proof of Claim, ECF No. 33-2.

On October 21, 2013, the Bankruptcy Court entered its " Findings of Fact, Conclusions of Law, and Order Pursuant to Sections 1129 (a) and (b) of the Bankruptcy Code and Rule 3020 ...


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