City of Winters v. Linton et al

Filing 5

ORDER signed by Judge Garland E. Burrell, Jr on 1/23/2013 GRANTING 4 Motion to Stay. This matter is STAYED until the US Bankruptcy Court petition 12-39695 is resolved. Counsel for defendant Shaunie Briggs is hereby ORDERED to notify this court within 10 days of said resolution. CASE STAYED. (Donati, J)

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Kresta Nora Daly, SBN 199689

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431 "I" Street, Suite 201
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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BARTH TOZER & DALY LLP

Attorneys for Defendant
SHAUNIE BRIGGS

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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A TTORNE YS A T L AW
S ACRAMENTO , C ALIFOR NIA

B ARTH T OZER & D ALY LLP

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THE CITY OF WINTERS, A MUNICIPAL
CORPORATION AND GENERAL LAW
CITY,

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Plaintiff,

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Case No. 2:13-CV-00108-GEB-CKD
REQUEST FOR STAY AND
[PROPOSED] ORDER

v.
THERESA E. LINTON, RORY EUGENE
LINTON, SHAUNIE BRIGGS, STATE OF
CALIFORNIA EMPLOYMENT
DEVELOPMENT DEPARTMENT,
INTERNAL REVENUE SERVICE, and
DOES 1-5, Inclusive,

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Defendants.

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On or about November 8, 2012 defendant Shaunie Briggs filed for bankruptcy in

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the Eastern District of California Bankruptcy Court, Petition Number 12-39695. The filing of a

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bankruptcy petition operates as a stay of any act to obtain possession of, or to enforce a lien

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against, property belonging to the debtor's estate. 11 U.S.C. § 362(a). The stay continues until

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such property is no longer property of the estate. 11 U.S.C. § 362(c)(1).

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Therefore plaintiff Shaunie Briggs respectfully requests that this Court enter a stay
of the above-captioned proceedings until the federal bankruptcy case is resolved.
Dated: January 22, 2013.

BARTH TOZER & DALY LLP

By

/s/ Kresta Nora Daly
KRESTA NORA DALY

Attorneys for Defendant SHAUNIE BRIGGS

ORDER
Pursuant to Title 11, United States Code Section 362,
IT IS HEREBY ORDERED this matter is stayed until Eastern District of
California Bankruptcy Court, Petition Number 12-39695, is resolved. Counsel for defendant
Shaunie Briggs is hereby ordered to notify this Court within 10 days of said resolution.
Date: 1/23/2013
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GARLAND E. BURRELL, JR.
Senior United States District Judge

DEAC_Signature-END:

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{00007662}
OPPOSITION TO MOTION FOR APPOINTMENT OF RECEIVER