Anne Lorimer v. Hildegarde L. Staninger et al

Filing 32

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT VACATE ALL PENDING DATES IN THIS ACTION UNDER 11 U.S.C. § 362 (AUTOMATIC BANKRUPTCY STAY) by Magistrate Judge Karen L. Stevenson. Based upon the foregoing, the Court ORDERS the parties to show cause why the automatic bankruptcy stay should not continue in this action and all current dates be vacated until the bankruptcy proceedings against both Defendants have been completed and the stay lifted. The parties shall respond to this Order on or before January 24, 2023. (see document for further details) (hr)

Case 2:22-cv-05308-KS Document 32 Filed 01/17/23 Page 1 of 2 Page ID #:217
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 22-5308-KS
Title

Date: January 17, 2023

Anne Lorimer v. Hildegarde L. Staninger et al.

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

Gay Roberson
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiffs:
N/A

Attorneys Present for Defendants:
N/A

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THE COURT
SHOULD NOT VACATE ALL PENDING DATES IN THIS ACTION
UNDER 11 U.S.C. § 362 (AUTOMATIC BANKRUPTCY STAY)
On October 3, 2022, Defendants Hildegarde L. Staninger and Integrative Health Systems
LLC filed for Chapter 7 bankruptcy in the Middle District of Florida. Pursuant to the automatic
Bankruptcy Stay under 11 U.S.C. § 362, this Court vacated all pending dates in this action. (Dkt.
Nos. 18, 25.)
On November 21, 2022, Plaintiff filed with the Court a Notice of Termination of Automatic
Stay. (Dkt. No. 26.) Attached to the Notice was a copy of an October 21, 2022 order issued by
the Middle District of Florida dismissing the bankruptcy case against Defendant Hildegarde L.
Staninger and setting deadlines for extending the stay, all of which passed. (Id. at 3-4.)
Consequently, the Court granted Plaintiff’s request to resume this case as to Defendant Staninger.
(Dkt. No. 27.)
Prior to the automatic stay, Defendants filed a Motion to Dismiss the Complaint in this
case (“Motion”). (Dkt. No. 9.) Plaintiff filed an opposition that was stricken due to the bankruptcy
stay, but the Court granted Plaintiff leave to file a new Opposition, and Plaintiff did so on
November 27, 2022. Defendant filed a Reply on December 20, 2022, and the Motion now stands
submitted.

CV-90 (03/15)

Civil Minutes – General

Page 1 of 2

Case 2:22-cv-05308-KS Document 32 Filed 01/17/23 Page 2 of 2 Page ID #:218
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 22-5308-KS
Title

Date: January 17, 2023

Anne Lorimer v. Hildegarde L. Staninger et al.

However, having now turned to the merits of the Motion, the Court finds that the Motion
is not limited to issues concerning only Defendant Staninger. In fact, in the Opposition, Plaintiff
argues that this Court should pierce the corporate veil of Defendant Integrative Health Systems,
LLC, in part on the ground that a unity of interest and ownership exists between Defendant
Staninger and Defendant Integrative Health Systems, LLC “such that their separate personalities
do not in reality exist.” (Dkt. No. 28 at 8.)
Based upon the foregoing, the Court ORDERS the parties to show cause why the automatic
bankruptcy stay should not continue in this action and all current dates be vacated until the
bankruptcy proceedings against both Defendants have been completed and the stay lifted.
The parties shall respond to this Order on or before January 24, 2023. Failure to respond
to this Order will result in the Court vacating all dates in this matter until the termination of
bankruptcy proceedings against Defendant Integrative Health Systems, LLC.
IT IS SO ORDERED.

Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

:
gr

Page 2 of 2