Jenkins et al v. City of Richmond

Filing 460

ORDER Re 457 Bankruptcy Filing; and Setting Case Management Conference. Signed by Judge Edward M. Chen on 8/29/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 8/29/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JAMES JENKINS, et al., 9 Plaintiffs, v. 11 For the Northern District of California United States District Court 10 ORDER RE BANKRUPTCY FILING; AND SETTING CASE MANAGEMENT CONFERENCE CITY OF RICHMOND, 12 No. C-08-3401 EMC Defendant. ___________________________________/ (Docket No. 457) 13 14 15 The Court is in receipt of Plaintiff Pickett’s Notice of Filing of Bankruptcy Petition. Docket 16 No. 457. Plaintiff Pickett’s counsel is directed to file any order or instructions received from the 17 Trustee or Bankruptcy Court in support of his contention that counsel has been “instructed . . . to 18 cease all participation in this action pending the Trustee’s investigation of the claims and further his 19 [sic] instructions.” Id. at 1. The Court notes that, as a general matter, “the automatic stay is 20 inapplicable to suits by the bankrupt.” In re Merrick, 175 B.R. 333, 337 (B.A.P. 9th Cir. 1994) 21 (emphasis in original) (internal quotations omitted); see also id. at 338 (noting the “freedom for the 22 debtor or the trustee to prosecute the debtor's claims”).1 23 The Court sets a Case Management Conference (CMC) in this matter for September 14, 2012 24 at 1:30 p.m. The parties shall file a joint CMC statement no later than September 7, 2012, and 25 include in that statement their views on the effect, if any, of the Pickett bankruptcy filing on this 26 27 28 1 In addition, the Court notes that Plaintiff Pickett’s counsel continued to “participat[e] in this action” by filing objections regarding the motion to sever four days after filing the notice of bankruptcy filing. See Docket No. 459. 1 matter in general and on Plaintiff Threets’s pending motion to sever in particular. The parties shall 2 also be prepared to address this issue at the CMC. 3 4 IT IS SO ORDERED. 5 6 Dated: August 29, 2012 7 _________________________ EDWARD M. CHEN United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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