Cemo Family Charitable Foundation et al v. Wannakuwatte et al

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/19/14. The 9/24/14 status conference is VACATED. This action is STAYED. The Clerk of the Court is directed to serve a copy of this order on counsel for the Trustee in USBC. (Manzer, C)

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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. See 11 U.S.C. § 362. Pursuant to the court’s order, the bankruptcy

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trustee has filed a statement of updated information regarding the status of the other named

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defendants in this action. Defendants Betsy and Sarah Wannakuwatte have both filed bankruptcy

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petitions and the automatic stay provision applies to the pending action against these defendants.

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The trustee indicates that the remaining named defendants appear to be related entities and/or

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alter egos of IMG or the Wannakuwattes and that there is a significant likelihood that the

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remaining named defendants will be consolidated into one or more of the existing bankruptcy

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cases. Under these circumstances, staying the entire civil action at this time is appropriate.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The status conference currently set for September 24, 2014 before the undersigned is

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vacated.

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2. This action is stayed.

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3. The Clerk of Court is directed to serve a copy of this order on counsel for the Trustee

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in U.S. Bankruptcy Court, Eastern District of California, Bankruptcy Petition #: 14-25820,

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Thomas Willoughby, Felderstein Fitzgerald Willoughby & Pascuzzi, LLP, 400 Capitol Mall,

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Suite 1750, Sacramento, CA 95814.

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Dated: August 19, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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