Construction Laborers Trust Funds for Southern California Administrative Company v. Colmar Construction et al

Filing 10

MINUTES (IN CHAMBERS) by Judge Dolly M. Gee: Plaintiff has filed a notice that Defendant Paul D. Marshall ("Marshall") has filed a Chapter 7 bankruptcy petition in the United States Bankruptcy Court and therefore advises that further procee dings herein are stayed pursuant to 11 U.S.C. Section 362(a) with respect to defendant Marshall only 9 . The complaint, however, alleges that Defendant Colmar Construction ("Colmar"), the only other defendant herein, is a general partnersh ip and that Defendant Marshall is a general partner thereof. Accordingly, Plaintiff is ORDERED to show cause in writing no later than 9/28/2010, why this action should not be stayed as against both defendants pursuant to 11 U.S.C. Section 362(a). Court Reporter: Not Reported. (gk)

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-AGR Construction Laborers Trust Funds for Southern California Adminis... Colmar Construction et al Doc. 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 10-4468-DMG (AGRx) Date September 14, 2010 Const. Laborers Trust Funds for So. Calif. Adm. Co. v. Colmar Construction, Paul D. Marshall Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE Not Reported Court Reporter Attorneys Present for Defendants: None Yolanda Skipper Deputy Clerk Attorneys Present for Plaintiffs: None Proceedings: [IN CHAMBERS] Notice of Bankruptcy Stay with respect to Defendant Paul D. Marshall [Doc. # 9] Plaintiff has filed a notice that Defendant Paul D. Marshall ("Marshall") has filed a Chapter 7 bankruptcy petition in the United States Bankruptcy Court and therefore advises that further proceedings herein are stayed pursuant to 11 U.S.C. § 362(a) with respect to defendant Marshall only. The complaint, however, alleges that Defendant Colmar Construction ("Colmar"), the only other defendant herein, is a general partnership and that Defendant Marshall is a general partner thereof. Furthermore, according to the proof of service of the summons and complaint on all defendants [Doc. # 5], Defendant Colmar was served with process by substituted service on Marshall as a general partner of Colmar. Accordingly, Plaintiff is ORDERED to show cause in writing no later than September 28, 2010, why this action should not be stayed as against both defendants pursuant to 11 U.S.C. § 362(a). IT IS SO ORDERED. CV-90 (2/10) CIVIL MINUTES - GENERAL Initials of Deputy Clerk YS Dockets.Justia.com

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