Universal Equipment Leasing Company, LLC v. Fifth Third Leasing Company

Filing 160

ORDER DENYING 155 MOTION for Leave to File Fifth Third's Motion to Transfer. Signed by Judge Jeffrey S. White on 4/8/09. (jjo, COURT STAFF) (Filed on 4/8/2009)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNIVERSAL EQUIPMENT LEASING COMPANY, LLC, Plaintiff, v. FIFTH THIRD LEASING CO., Defendant. /

No. C 06-07584 JSW

United States District Court

11
For the Northern District of California

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ORDER DENYING MOTION FOR LEAVE TO FILE A MOTION TO TRANSFER

Now before the Court is the motion for leave to file a motion to transfer by Fifth Third Leasing Company ("FTLC"). The Court finds that this matter is appropriate for disposition without oral argument and it is hereby deemed submitted. See N.D. Civ. L.R. 7-1(b). Accordingly, the hearing set for April 10, 2009 is HEREBY VACATED. FTLC's third-party complaint against Cincom Systems, Inc. is stayed pursuant to 11 U.S.C. § 362. The bankruptcy court has the exclusive authority to grant relief from the automatic stay. See In re McGhan, 288 F.3d 1172, 1181 n.10 (9th Cir. 2002). Any actions or judicial proceedings taken in violation of the automatic stay are void. Id. at 1179. FTLC has not demonstrated that the Court has the authority to adjudicate a motion to transfer while this case is stayed pursuant to 11 U.S.C. § 362. Therefore, the Court DENIES FTLC's motion for leave to file a motion to transfer. IT IS SO ORDERED.

Dated: April 8, 2009

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE