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