On Tuesday Judge Clifton Jessup Jr., of the U.S. Bankruptcy Court of the Northern District of Alabama, ruled against a motion to delay Remington’s bankruptcy proceedings. The plaintiffs in the hearing—a group comprised of a survivor and families of the 2012 Sandy Hook tragedy—claimed the speed of the auction jeopardized their lawsuit against the gun manufacturer that alleges it should have never sold the Bushmaster and its marketing deliberately targeted, “…younger, at-risk males…, ” according to Fox Business news. They have until Sept. 1 to appeal this week’s decision.
If it goes unchallenged or withstands review, Remington’s assets will go on the auction block as early as Sept. 17. The sale will recover some of the $100 to $500 million it owes to creditors, which number between 1,000 and 5,000 companies and individuals, according to the bankruptcy filing. The Sandy Hook plaintiffs are not included in the bankruptcy protection paperwork filed by Remington.
Plaintiff’s Claim
CNBC reports the plaintiffs alleged the speed at which the bankruptcy was proceeding could, “prevent Remington from ever answering for its role in the wrongful marketing of the weapon and that marketing’s causal role in the devastating loss of life at Sandy Hook Elementary School.” Their attorney told the judge on Tuesday, “There won’t be, there simply can’t be, a full and fair process unless this high-speed train that we’re on slows down.”
AL.com reports the judge arrived at this week’s decision because, “…the bankruptcy court was not the proper venue to resolve the claims by the families.” The Fox Business News story also indicates he expressed displeasure that the stalling motion would buy more time for the plaintiffs to scour disclosure documents related to a separate lawsuit filed in Connecticut against Remington.
Remington issued an official statement on it filing for bankruptcy protection late last month, and our story provides more detail.