Sinclair et al v. Fox Hollow, et al

Filing 1079

ORDER Staying all Poceedings in This Matter Against Richard Sinclair, signed by District Judge Anthony W. Ishii on 11/26/2014. (All proceedings in this matter against Defendant Richard Sinclair are HEREBY STAYED pursuant to Section 362(a).)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FOX HOLLOW OF TURLOCK
OWNER’S ASSOCIATION, a California
Nonprofit Mutual Benefit Corporation, et
al.,

Case No. 1:03-cv-05439-AWI-SAB
ORDER STAYING ALL PROCEEDINGS
IN THIS MATTER AGAINST RICHARD
SINCLAIR

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Plaintiffs

(Doc. 1078)

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v.
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MAUCTRST, LLC, et al.,
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Defendants
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On November 25, 2014, Richard Sinclair filed a notice of filing of bankruptcy. Pursuant

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17 to 11 U.S.C. § 362(a) all actions against a defendant who has filed a bankruptcy petition are
18 automatically stayed once the petition is filed. Sternberg v. Johnston, 559 F.3d 937, 943 (9th Cir.
19 2010). However, a suit against a co-defendant is not automatically stayed by the debtor’s
20 bankruptcy filing. In re Miller, 262 B.R. 499, 503 (9th Cir. 2001). Accordingly, all proceedings
21 in this matter against Defendant Richard Sinclair are HEREBY STAYED pursuant to Section
22 362(a).
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IT IS SO ORDERED.
Dated: November 26, 2014
SENIOR DISTRICT JUDGE

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