Calderon v. Tulare Regional Medical Center, et al.
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JIAME CALDERON, an individual; RC, a
minor child; MC, a minor child; and MC, a
minor child,
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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,
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DIRECTING THE OTHER PARTIES TO
SUBMIT STATUS REPORT
STATUS REPORT DUE: October 18, 2017
Defendants.
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/
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This action was filed on January 11, 2017, against Defendants the United States of America
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and Tulare Regional Medical Center. (Doc. 1). On October 3, 2017, Defendant Tulare Regional
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Medical Center filed a notice of automatic stay. (Doc. 20).
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Pursuant to 11 U.S.C. § 362(a) all actions against a defendant who has filed a bankruptcy
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petition are automatically stayed once the petition is filed. Sternberg v. Johnston, 559 F.3d 937, 943
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(9th Cir. 2010). However, a suit against a co-defendant is not automatically stayed by the debtor’s
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bankruptcy filing. In re Miller, 262 B.R. 499, 503 (9th Cir. 2001). Accordingly, all proceedings in
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this matter against Defendant Tulare Regional Medical Center are HEREBY STAYED pursuant to
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Section 362(a).
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It is FURTHER ORDERED that the other parties shall each file a status report indicating
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whether the automatic stay impacts the scheduling order in this case within fourteen (14) days of the
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date of service of this order.
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IT IS SO ORDERED.
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Dated:
/s/ Barbara
October 4, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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