Carpenters Pension Trust Fund for Northern California v. MGM's Cabinet Installation Services et al

Filing 40

ORDER DENYING REQUEST TO VACATE STATUS CONFERENCE by Judge Alsup denying 39 Motion to Continue (whalc2, COURT STAFF) (Filed on 3/15/2010)

1 2 3 4 5 6 7 8 9 10 CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff, v. MGM'S CABINET INSTALLATION SERVICES and MICHAEL GORDON MOXLEY, Defendants. / No. C 08-01164 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER DENYING REQUEST TO VACATE STATUS CONFERENCE

Plaintiff seeks in this action to recover under ERISA section 4201, 29 U.S.C. 1381. On September 11, 2008, Defendant Michael Moxley filed a petition under Chapter 7 of the United States Bankruptcy Code, automatically staying all proceedings in this action. Plaintiff submitted a claim in the bankruptcy proceedings and state a that it has now appealed a decision of the bankruptcy court (Br. at 1). A further case management conference is scheduled for April 1, 2010. Plaintiff requests that this hearing be continued indefinitely until a decision on its bankruptcy appeal has been entered. Plaintiff does not state whether defendants join or object in its request. Plaintiff has not provided any additional details regarding the decision by the bankruptcy court or its appeal.

1 2 3 4 5 6 7 8 9 10

For these reasons, plaintiff has not shown good cause to continue the April 1 hearing. Plaintiff's request is therefore DENIED.

IT IS SO ORDERED.

Dated: March 15, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2