Grogan v. Beale Aero Club et al

Filing 33

ORDER signed by Judge Garland E. Burrell, Jr. on 11/17/2015 STAYING this action as to Defendant John Henry in the light of his bankruptcy filing; ORDERING the plaintiff to file a Status Report within five days of the lifting of the bankruptcy stay ex plaining the status of the case involving Defendant John Henry; ORDERING the parties to address in the Joint Status Report to be filed in advance of the Status Conference set for 2/1/2016, what effect, if any, the stay has on this action as to any non-bankruptcy party. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES M. GROGAN,

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No.

2:15-cv-00562-GEB-KJN

Plaintiff,
v.

ORDER

JOHN HENRY, an individual;
and DOES 1-30,
Defendants.

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In

an

order

filed

October

20,

2015,

Plaintiff

was

directed, in relevant part, as follows:
Plaintiff shall take the steps necessary
to prosecute this action as a default matter
as to Defendant John Henry. No later than
November 16, 2015, Plaintiff shall either
file whatever documents are required to
prosecute this case as a default matter or
Show Cause in a writing filed why Defendant
John Henry and/or this action should not be
dismissed for failure of prosecution. This
defendant and/or this action may be dismissed
with prejudice under Federal Rule of Civil
Procedure 41(b) if Plaintiff fails to timely
respond to this Order.
(Order 2:7-15, ECF No. 29.)
On

November

order,

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stating:

2015,
“Mr.

Plaintiff

filed

a

to

the

petition

for

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referenced

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Chapter 7 Bankruptcy on August 31, 2015. The bankruptcy petition

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activated an automatic stay on the instant action, and prohibits
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Henry

responded

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Mr. Grogan from filing a motion for default or continuation of

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the action against Mr. Henry. 11 USC § 362(a) and(k).” (Pl.’s

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Resp.

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Henry’s bankruptcy petition in support of his response. (See ECF

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No. 32-1.)

1:26-2:1,

ECF

No.

31.)

Plaintiff

filed

a

copy

of

Mr.

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In light of John Henry’s bankruptcy filing, this action

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is stayed as to Defendant John Henry. Within five days of the

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bankruptcy

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Report in which it explains the status of the case involving

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stay

being

lifted,

Plaintiff

shall

file

a

Status

Defendant John Henry.

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Further, the parties shall address in the joint status

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report to be filed fourteen days in advance of the February 1,

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2016 Status Conference, what effect, if any, the stay has on this

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action as to any non-bankruptcy party.

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Dated:

November 17, 2015

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