People's United Equipment Finance Corp. v. RST Cranes, Inc. et al.

Filing 15

ORDER CONTINUING MANDATORY SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 4/8/2016. Initial Scheduling Conference CONTINUED to 7/1/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Joint report due by 6/24/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PEOPLE’S UNITED EQUIPMENT
FINANCE CORP,

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Plaintiff,
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v.
RST CRANES, INC., et al.,
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Defendants.

) Case No.: 1:16-cv-00207 DAD JLT
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) ORDER CONTINUING MANDATORY
) SCHEDULING CONFERENCE
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In this case, Plaintiff claims that it leased vehicles and other equipment to Defendant RST

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Cranes Inc. and that the lease was personally guaranteed by Defendants Richard and Sonya Torres.

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(Doc. 13-1 at 2) Plaintiff filed proofs of service of the summons and complaint on each defendant

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(Docs. 8-10). However, neither Torres defendant has appeared and RST has filed a Notice of Filing

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Bankruptcy.1 (Doc. 12)
Plaintiff indicates a reluctance to seek entry of default against the Torres’ “because of issues

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relative to the writ of possession.” (Doc. 13-1 at 3) Plaintiff’s attorney continues, “If Plaintiff defaults

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Torres then they would not be able to respond with respect to any contempt or other proceeding

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brought against them should they not comply with any orders or any other proceedings and, as a result,

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I have not defaulted him.” Id. Likewise, counsel reports that RST’s Chapter 11 bankruptcy petition

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may be dismissed which would lift the automatic stay. Id. Notably, Plaintiff’s hearing on its petition

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Richard Torres, Jr., as the President of RST, signed the bankruptcy petition. (Doc. 12 at 5)

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for writ of possession has been continued to on May 17, 2016, to allow time to determine the status of

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the bankruptcy petition. Id. at 2. Therefore, the Court ORDERS:

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1.

The initial scheduling conference is CONTINUED to July 1, 2016 at 9:30 a.m. In the

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event RST’s bankruptcy petition has been dismissed or the Torres parties have appeared, the parties

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SHALL file a joint scheduling conference report no later than June 24, 2016;

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2.

If the RST bankruptcy petition has not been dismissed or the Torres defendants have

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not appeared in this action, no later than June 24, 2016, Plaintiff SHALL file a status report that sets

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forth the status of the bankruptcy proceedings and Plaintiff’s intentions related to the Torres

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defendants.

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IT IS SO ORDERED.
Dated:

April 8, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE