Karcher Insulation, Inc. v. Solpac Construction Inc. et al

Filing 28

ORDER Staying All Proceedings In This Matter Against Defendant RJ Lanthier Company, Inc., signed by District Judge Lawrence J. O'Neill on 11/21/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KARCHER INSULATION, INC.,

Case No. 1:14-cv-00323-LJO-SAB

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Plaintiff,

ORDER STAYING ALL PROCEEDINGS IN
THIS MATTER AGAINST DEFENDANT RJ
LANTHIER COMPANY, INC.

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v.
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SOLPAC CONSTRUCTION, INC., et al.,
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Defendants.
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Plaintiff Karcher Insulation Inc. filed this action on March 7, 2014 against Defendants
Solpac Construction, Inc., Safeco Insurance Company of America, and RJ Lanthier Co., Inc
(“Lanthier”). (ECF No. 1) On November 14, 2014, Defendant Lanthier filed a notice of
automatic stay. (ECF No. 27.)
Pursuant to 11 U.S.C. § 362(a) all actions against a defendant who has filed a bankruptcy
petition are automatically stayed once the petition is filed. Sternberg v. Johnston, 559 F.3d 937,
943 (9th Cir. 2010). However, a suit against a co-defendant is not automatically stayed by the
debtor’s bankruptcy filing. In re Miller, 262 B.R. 499, 503 (9th Cir. 2001). Accordingly, all
proceedings in this matter against Defendant Lanthier are HEREBY STAYED pursuant to
Section 362(a).

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Dated:

/s/ Lawrence J. O’Neill

November 21, 2014

UNITED STATES DISTRICT JUDGE

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