Cemo Family Charitable Foundation et al v. Wannakuwatte et al

Filing 34

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/1/14: No later than 8/15/14, plaintiffs shall file a request to stay the entire action or file a statement that a stay is not requested as to the defendants who have not filed a bankruptcy pe tition. No later than 8/15/14, Trustee shall advise the court of any updated information re whether other named defendants in this action are subject to the automatic stay provisions. The Clerk of Court is directed to serve a copy of this order on counsel for the Trustee in U.S. Bankruptcy Court. Status (Pretrial Scheduling) Conference set for 9/24/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Not later than fourteen (14) days prior to the Status Conferen ce, the parties shall file status reports. The parties are informed that they may, if all consent, have this case tried by a United States Magistrate Judge while preserving their right to appeal to the Ninth Circuit Court of Appeals. (Attachments: # 1 Consent Form)(Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CEMO FAMILY CHARITABLE
FOUNDATION, et al.,
Plaintiffs,

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ORDER
v.

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No. 2:14-cv-0662 KJM CKD PS

DEEPAL WANNAKUWATTE, et al.,
Defendants.

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A notice of filing bankruptcy was filed July 14, 2014 on behalf of defendants Deepal S.

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Wannakuwatte and International Manufacturing Group (“IMG”). This action is therefore stayed

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as against these defendants.1 See 11 U.S.C. § 362. The case remains active as against the

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remaining named defendants.2

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Defendants RelyAid and Relyaid Tattoo Supply are DBAs of IMG and are therefore also subject
to the automatic stay provisions of 11 U.S.C. § 362. The Trustee indicated that it was not known
at the time of filing the notice whether the other named defendants are separate entities and also
subject to the stay. It appears that defendants Betsy and Sarah Wannakuwatte are separate
entities and are not subject to the stay.
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Prosecuting this action against only some of the defendants who are not subject to the automatic
stay will result in piecemeal litigation. The court will accordingly entertain a request by plaintiffs
to stay the entire action pending resolution of the bankruptcy proceedings.
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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than August 15, 2014, plaintiffs shall file a request to stay the entire action or

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file a statement that a stay is not requested as to the defendants who have not filed a bankruptcy

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petition.

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2. No later than August 15, 2014, Trustee Beverly McFarland shall advise the court of

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any updated information regarding whether other named defendants in this action are subject to

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the automatic stay provisions. The Clerk of Court is directed to serve a copy of this order on

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counsel for the Trustee in U.S. Bankruptcy Court, Eastern District of California, Bankruptcy

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Petition #: 14-25820, Thomas Willoughby, Felderstein Fitzgerald Willoughby & Pascuzzi, LLP,

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400 Capitol Mall, Suite 1750, Sacramento, CA 95814.
3. A Status (Pretrial Scheduling) Conference is set for September 24, 2014 at 10:00 a.m.

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in courtroom no. 24 before the undersigned. All parties shall appear by counsel or in person if

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acting without counsel.

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4. Not later than fourteen (14) days prior to the Status Conference, the parties shall file
status reports addressing the following matters:

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a. Service of process;

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b. Possible joinder of additional parties;

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c. Any expected or desired amendment of the pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and their scheduling;

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f. The report required by Federal Rule of Civil Procedure 26

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outlining the proposed discovery plan and its scheduling, including

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disclosure of expert witnesses;

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g. Future proceedings, including setting appropriate cut-off dates for

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discovery and law and motion, and the scheduling of a pretrial

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conference and trial;

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h. Special procedures, if any;

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i. Estimated trial time;
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j. Modification of standard pretrial procedures specified by the rules
due to the simplicity or complexity of the proceedings;

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k. Whether the case is related to any other cases, including
bankruptcy;

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l. Whether a settlement conference should be scheduled;

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m. Whether counsel will stipulate to the magistrate judge assigned to

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this matter acting as settlement judge and waiving disqualification by virtue of her so

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acting, or whether they prefer to have a settlement conference before another judge;

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n. Any other matters that may add to the just and expeditious

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disposition of this matter.

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5. Counsel and parties proceeding in propria persona are reminded of their continuing

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duty to notify chambers immediately of any settlement or other disposition (see Local Rule 160).

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In addition, the parties are cautioned that pursuant to Local Rule 230(c), opposition to the

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granting of a motion must be filed fourteen days preceding the noticed hearing date. The Rule

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further provides that “[n]o party will be entitled to be heard in opposition to a motion at oral

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arguments if written opposition to the motion has not been timely filed by that party.” Moreover,

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Local Rule 230(i) provides that failure to appear may be deemed withdrawal of opposition to the

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motion or may result in sanctions. Finally, Local Rule 110 provides that failure to comply with

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the Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.”

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6. The parties are informed that they may, if all consent, have this case tried by a United

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States Magistrate Judge while preserving their right to appeal to the Ninth Circuit Court of

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Appeals. See 28 U.S.C. § 636(c). The form for consent to trial by a magistrate judge is attached.

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Any party choosing to consent may complete the form and return it to the Clerk of the Court.

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Dated: August 1, 2014

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 cemo.statset

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