Calderon v. Ikedilo, MD et al

Filing 21

ORDER STAYING All Proceedings in This Matter Against Defendant Tulare Regional Medical Center; DIRECTING the Other Parties to Submit Status Report, signed by Magistrate Judge Barbara A. McAuliffe on 10/4/17: Status Report Due 10/18/2017. (Hellings, J)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 JIAME CALDERON, an individual; RC, a minor child; MC, a minor child; and MC, a minor child, 6 7 8 9 Case No. 1:17-cv-0040-BAM ORDER STAYING ALL PROCEEDINGS IN THIS MATTER AGAINST DEFENDANT TULARE REGIONAL MEDICAL CENTER Plaintiffs, v. TULARE REGIONAL MEDICAL CENTER and UNITED STATES OF AMERICA, 10 DIRECTING THE OTHER PARTIES TO SUBMIT STATUS REPORT STATUS REPORT DUE: October 18, 2017 Defendants. 11 / 12 13 This action was filed on January 11, 2017, against Defendants the United States of America 14 and Tulare Regional Medical Center. (Doc. 1). On October 3, 2017, Defendant Tulare Regional 15 Medical Center filed a notice of automatic stay. (Doc. 20). 16 Pursuant to 11 U.S.C. § 362(a) all actions against a defendant who has filed a bankruptcy 17 petition are automatically stayed once the petition is filed. Sternberg v. Johnston, 559 F.3d 937, 943 18 (9th Cir. 2010). However, a suit against a co-defendant is not automatically stayed by the debtor’s 19 bankruptcy filing. In re Miller, 262 B.R. 499, 503 (9th Cir. 2001). Accordingly, all proceedings in 20 this matter against Defendant Tulare Regional Medical Center are HEREBY STAYED pursuant to 21 Section 362(a). 22 It is FURTHER ORDERED that the other parties shall each file a status report indicating 23 whether the automatic stay impacts the scheduling order in this case within fourteen (14) days of the 24 date of service of this order. 25 IT IS SO ORDERED. 26 27 Dated: /s/ Barbara October 4, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 1

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