United States of America v. Caraway et al

Filing 110

ORDER STRIKING DEFENDANT CARAWAY'S MOTION FOR RELIEF FROM JUDGMENT. Signed by Judge Maxine M. Chesney on November 27, 2012. (mmclc2, COURT STAFF) (Filed on 11/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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UNITED STATES OF AMERICA
Plaintiff,

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ORDER STRIKING DEFENDANT
CARAWAY’S MOTION FOR RELIEF
FROM JUDGMENT

v.

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No. C 08-4371 MMC

DOUGLAS R. CARAWAY, et al.,
Defendants.

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/
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The Court is in receipt of a “Motion for Relief from Judgment,” filed November 16,

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2012 by defendant Douglas R. Caraway (“Caraway”), purportedly appearing pro se. The

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motion is not properly before the Court, for the following reasons.

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First, an automatic stay is in place pursuant to 11 U.S.C. § 362. (See Order

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Conditionally Closing Case, filed Mar. 8, 2012.) Without an order from the Bankruptcy

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Court, this Court may not “authorize any further progress in the stayed proceedings” and

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any “actions taken in violation of the automatic stay are void.” See In re Gruntz, 202 F.3d

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1074, 1082 (9th Cir. 2000).

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Second, on November 16, 2011, Sun Joo Chung, an attorney, filed an appearance

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on Caraway’s behalf (see Notice of Appearance, filed Nov. 16, 2011), and remains counsel

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of record (see Order Vacating Hearing, filed March 30, 2012).

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//

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Accordingly the above-referenced motion is hereby STRICKEN, without prejudice to
Caraway’s refiling it at a later time under appropriate circumstances.

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IT IS SO ORDERED.

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Dated: November 27, 2012
MAXINE M. CHESNEY
United States District Judge

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