Val-Pro Inc et al v. Liborio Market Inc et al

Filing 26

MINUTE ORDER (IN CHAMBERS)ORDER TO SHOW CAUSE RE: STAY OF ENTIRE ACTION DUE TO BANKRUPTCY FILINGS OF VARIOUS DEFENDANTS by Judge George H. King: (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS).....all defendants are either in bankruptcy procee dings, or have defaulted, we now direct plaintiff to show cause, in writing within 10 days hereof, why this action should not be stayed pending resolution of the various bankruptcy proceedings inasmuch as the claims are asserted against all of the de fendants collectively, and the nature of the claims against these defendants are substantially, if not entirely, intertwined. If plaintiff fails to timely and adequately show cause as required by this order, such failure will be deemed plaintiffs con sent to the stay of this entire action pending resolution of the various bankruptcy proceedings. In that event, we will stay this action, and direct the clerk to administratively close this matter pending further order of the court.( Response to Order to Show Cause due by 8/24/2012.) (lw)

E-Filed
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-597-GHK(JCGx)

Title

VAL-PRO, INC. vs. LIBORIO MARKET, INC., et al.

Presiding: The Honorable

Date

AUGUST 14, 2012

GEORGE H. KING, U. S. DISTRICT JUDGE

Beatrice Herrera

N/A

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

(NONE)

(NONE)

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: STAY OF ENTIRE ACTION
DUE TO BANKRUPTCY FILINGS OF VARIOUS DEFENDANTS

On March 22, 2012, plaintiff filed its First Amended Complaint against various defendants. Since then,
the clerk has entered default against defendants Liborio Markets No. 6, Inc., Triple A Grocers, Inc., Liborio
Holding Company, LLC, Enrique J. Alejo, Enrique M. Alejo, John Alejo, and Randy Alejo (together the
Defaulting Defendants). The remaining defendants, Liborio Market, Inc., Liborio Markets No. 5, Inc., A and A
Ontario Market, Inc., Alejo Grocers, Inc., and Alejo Markets, Inc., have filed for bankruptcy protection under
Chapter 11 of the Bankruptcy Code (together the Bankrupt Defendants).
Inasmuch as all defendants are either in bankruptcy proceedings, or have defaulted, we now direct
plaintiff to show cause, in writing within 10 days hereof, why this action should not be stayed pending resolution
of the various bankruptcy proceedings inasmuch as the claims are asserted against all of the defendants
collectively, and the nature of the claims against these defendants are substantially, if not entirely, intertwined. If
plaintiff fails to timely and adequately show cause as required by this order, such failure will be deemed
plaintiff’s consent to the stay of this entire action pending resolution of the various bankruptcy proceedings. In
that event, we will stay this action, and direct the clerk to administratively close this matter pending further order
of the court.
IT IS SO ORDERED.

-Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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Bea

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