DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
CENOBIA PEREZ, 
Plaintiff, 
v. 
KMART CORPORATION D/B/A KMART, 
Defendant. 
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Civil. No. 2017-59 
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Appearances: 
 
Ryan W. Greene 
St. Thomas, U.S.V.I. 
 
For Cenobia Perez, 
 
Richard F. Farrelly 
Law Offices of Birch DeJongh & Hindels PLLC 
St. Thomas, U.S.V.I. 
 
For Kmart Corporation. 
 
 
 
ORDER 
 
GÓMEZ, J. 
 
The Court has been informed that Sears Holdings Corporation 
(“Sears”) has filed a voluntary petition under Chapter 11 of the 
Bankruptcy Code. Pursuant to 11 U.S.C. § 362, Sears’s bankruptcy 
petition automatically stays all judicial proceedings against 
Sears and its debtor affiliates. Kmart Corporation is listed as 
Case: 3:17-cv-00059-CVG-RM   Document #: 31   Filed: 09/30/19   Page 1 of 2
Perez v. Kmart Corp.  
Civ. No. 2017-59 
Order 
Page 2 
 
 
a debtor affiliate in Sears’s Chapter 11 petition. See ECF No. 
27 Ex. A at 5. 
The premises considered, it is hereby 
 
ORDERED that the Clerk of the Court shall designate this 
action as a suspense matter; it is further  
 
ORDERED that this matter shall be removed from the active 
trial docket; it is further  
 
ORDERED that this matter shall be included in the Civil 
Suspense Docket; it is further 
 
ORDERED that on November 1, 2019, and on the 1st day of 
every month thereafter, the parties shall apprise the Court of 
the status of the bankruptcy proceedings; it is further  
 
ORDERED that the case be restored to the trial docket when 
the action is in a status so that it may proceed to final 
disposition; and it is further  
 
ORDERED that this order shall not prejudice the rights of 
the parties to this litigation. 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
 
 
  
 
 
District Judge 
 
Case: 3:17-cv-00059-CVG-RM   Document #: 31   Filed: 09/30/19   Page 2 of 2