Perez-Falcon v. Synagro West LLC

Filing 42

ORDER STAYING ACTION signed by District Judge Anthony W. Ishii on 5/21/2013. The Court hereby VACATES all future dates and terminates the pending Motion for Summary Judgment. Within thirty (30) days of entry of this order, and every ninety (90) days thereafter, Defendant shall file a status report. (Jessen, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MIMI PEREZ-FALCON, ) ) Plaintiff, ) ) v. ) ) SYNAGRO WEST, LLC; and ) DOES 1 through 10, inclusive, ) ) Defendants. ) ____________________________________) 1:11-cv-01645-AWI-JLT ORDER STAYING ACTION (Docs. 40, 41) 17 18 The Court refers the parties to previous orders for a complete chronology of the proceedings. On 19 April 12, 2013, defendant Synagro West (“Defendant”) filed a motion for summary judgment (doc. 20 39), set for hearing on June 3, 2013. On May 20, 2013, both parties filed notices of bankruptcy 21 indicating that on April 24, 2013, Defendant petitioned for relief under chapter 11 of the Bankruptcy 22 Code in the U.S. Bankruptcy Court for the District of Delaware. Accordingly, this action is 23 automatically stayed pursuant to the provisions of section 362(a) of the Bankruptcy Code, 11 U.S.C. 24 § 362(a), pending further order of the Court. The Court hereby VACATES all future dates, including 25 the June 3, 2013 hearing date, and respectfully directs the Clerk of Court to terminate the pending 26 motion for summary judgment. Defendant may re-notice the motion when the litigation resumes. 27 28 1 Within 30 days of entry of this order, and every 90 days thereafter, Defendant shall file a status report 2 concerning the proceedings referenced in its notice of bankruptcy. Defendant is advised that failure 3 to file a status report in accordance with this order may result in the imposition of sanctions, 4 including, but not limited to, monetary or contempt sanctions. 5 6 IT IS SO ORDERED. 7 8 Dated: 0m8i78 May 21, 2013 SENIOR DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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