DeMartini, et al. v. DeMartini, et al.

Filing 212

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017 VACATING the Motion Hearing on 195 Motion to Amend the Complaint, 198 Motion to Require Defendants to Post Bond/Motion to Dismiss Counterclaims; SUBMITTING said matters on the briefs; VACATING the Motion Hearing on 202 Motion for Summary Judgment; INFORMING all parties that a briefing schedule will be set on the matter after the expiration of the automatic stay. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY DEMARTINI, et al.,

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Plaintiffs,

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No. 2:14-cv-2722 JAM CKD PS

v.

ORDER

MICHAEL DEMARTINI, et al.,

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Defendants.

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Calendared for hearing on April 19, 2017 is plaintiffs’ motion to amend the complaint and

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motion to require defendants to post a bond and dismiss the complaint. Those matters have been

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fully briefed. Calendared for hearing on April 26, 2017 is plaintiffs’ motion for summary

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judgment. No opposition or reply have yet been filed with respect to that motion.
Plaintiffs’ motion to require defendants to post a bond is brought under Local Rule 151(b),

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which in turn adopts the provisions of Title 3A, part 2, of the California Code of Civil Procedure.

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Under California Code of Civil Procedure § 391.6, this action was automatically stayed upon

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filing of the motion. That section further provides that the stay remains in effect for ten days

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“after the denial of the motion or the furnishing of the required security as the court shall

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determine.” Cal. Code Civ. P. § 391.6.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing date of April 19, 2017 on plaintiffs’ motion to amend the complaint and

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motion to require defendants to post a bond and dismiss the complaint is vacated. Those matters

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are submitted on the briefs. Resolution of the motion to amend will be made after expiration of

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the automatic stay.

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2. The hearing date of April 26, 2017 on plaintiffs’ motion for summary judgment is

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vacated. A briefing schedule shall be set after expiration of the automatic stay.

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Dated: April 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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