Louie v. Stomer Family 2000 Revocable Trust et al

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/16/2011 ORDERING plaintiff's motion for court approval of his settlement with defendants Hearing RESET for 4/20/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Bren nan. On or before 3/30/2011, plaintiff shall file a brief indicating whether this case should be stayed pursuant to the automatic bankruptcy stay, 11 USC 362, and/or whether plaintiff has standing to bring this action in light of the pending bankruptcy. Defendants and/or lien holders may also file a brief and/or response on or before 4/6/2011. (Waggoner, D)

-EFB (PS) Louie v. Stomer Family 2000 Revocable Trust et al

Doc. 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). Presently noticed for hearing on March 30, 2011 is plaintiff's motion for court approval, pursuant to California Code of Civil Procedure section 708.440(b), of a settlement plaintiff contends he entered with all of the defendants in this action. See Dckt. Nos. 19, 23. However, on March 10, 2011, plaintiff filed a "Notice of Filing Bankruptcy," indicating that an involuntary Chapter 7 bankruptcy petition was filed against plaintiff on February 28, 2011. Dckt. No. 27. In light of that filing, the March 30 hearing will be continued and plaintiff will be ordered to file a brief indicating whether this case should be stayed pursuant to the automatic bankruptcy stay, 11 U.S.C. § 362, and/or whether plaintiff has standing to bring this action in light of the pending bankruptcy. See Manlangit v. Nat'l City Mortg., 2010 WL 2044687, at *1 (E.D. Cal. May 20, 2010). 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GEORGE LOUIE, Plaintiff, vs. STOMER FAMILY 2000 REVOCABLE TRUST dba STOMER REALTY, et al., ORDER No. CIV S-11-108 MCE EFB PS

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Accordingly, IT IS HEREBY ORDERED that: 1. The March 30, 2011 hearing on plaintiff's motion for court approval of his settlement with defendants is continued to April 20, 2011 at 10:00 a.m. in Courtroom No. 24. 2. On or before March 30, 2011, plaintiff shall file a brief indicating whether this case should be stayed pursuant to the automatic bankruptcy stay, 11 U.S.C. § 362, and/or whether plaintiff has standing to bring this action in light of the pending bankruptcy. Defendants and/or lien holders may also file such a brief, and/or a response to plaintiff's brief, on or before April 6, 2011. DATED: March 16, 2011.

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