Wirum v. 0713401 B.C. Ltd et al

Filing 101

ORDER Staying Case Pursuant to Second Filing of Bankruptcy Petition and Setting Hearing Date. Signed by Judge Samuel Conti on 11/16/2012. (sclc2, COURT STAFF) (Filed on 11/16/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 PLUSFIVE CLAIMS, LLC, 8 Plaintiff, United States District Court For the Northern District of California 9 v. 10 11 0713401 B.C. LTD, a foreign entity, SHARRIE CUTSHALL, an individual, 12 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-1561-SC ORDER STAYING CASE PURSUANT TO SECOND FILING OF BANKRUPTCY PETITION AND SETTING HEARING DATE 15 For the second time in a row, Defendant Sharrie Cutshall has 16 17 filed for personal bankruptcy mere hours before a scheduled trial. 18 The first time was on September 17, 2012. 19 a.m. in San Francisco, but Ms. Cutshall in Salt Lake City, Utah, 20 filing a Chapter 7 bankruptcy petition in the United States 21 Bankruptcy Court there. 22 bankruptcy case filing). 23 letter. Trial was set for 10:00 ECF No. 91 at 3 (notice of Sept. 17, 2012 She informed this Court informally by ECF No. 91. In the weeks before Ms. Cutshall first filed for bankruptcy, 24 25 she had repeatedly been advised by the Court and by her former 26 counsel1 that she was facing a default if she failed to appear for 27 1 28 The Court allowed counsel for Ms. Cutshall and the Numbered Entity to withdraw. See ECF Nos. 66 (motion to withdraw), 70 (granting motion to withdraw). 1 trial, and that her co-defendant 0713401 B.C. LTD (the "Numbered 2 Entity"), which is alleged to be Ms. Cutshall's corporate alter- 3 ego, was also facing default if it failed to appear through 4 counsel. 5 previous warnings received by her). 6 of Ms. Cutshall's September 17 bankruptcy petition, the Court 7 observed the automatic bankruptcy stay as to Ms. Cutshall and, 8 additionally, exercised its discretion to stay the case against the 9 Numbered Entity. United States District Court For the Northern District of California 10 See ECF No. 86 (warning Ms. Cutshall and recounting ECF No. 93. conference for March 2013. When the Court received notice The Court set a further status Id. On October 19, 2012, the bankruptcy court dismissed Ms. 11 12 Cutshall's bankruptcy petition for failure to comply with 11 U.S.C. 13 § 109(h), which required Ms. Cutshall to undertake budget and 14 credit counseling before filing a bankruptcy petition. 15 24, 2012, Plaintiff PlusFive Claims, LLC ("Plaintiff") moved to 16 reset the case for trial on the ground that, since the bankruptcy 17 case was dismissed, the automatic bankruptcy stay was lifted. 18 No. 94 (motion to reset) Ex. A (order dismissing bankruptcy case). 19 On October 30, 2012, the Court set trial for November 15, 20 2012. 21 more that her failure to appear would result in her default. 22 ECF No. 97. On October ECF The notice sent to Ms. Cutshall warned her once Id. On November 14, 2012, the day before the rescheduled trial, 23 Ms. Cutshall again filed for bankruptcy. She notified the Court 24 informally via email. 25 current bankruptcy petition is the second she has filed in under a 26 year, the automatic bankruptcy stay lasts only 30 days. 27 U.S.C. § 362(c)(3)(A); see also id. § 362(c)(4)(A) (third 28 bankruptcy petition will not result in a stay). The Court notes that, because Ms. Cutshall's 2 See 11 On November 15, 2012, the Court held the scheduled trial as to 1 2 the Numbered Entity. No one appeared on the Numbered Entity's 3 behalf, so the Court entered its default. 4 Plaintiff's counsel's oral motion to continue this matter to 5 December 17, 2012, the day after the 30-day bankruptcy stay 6 concludes. The Court also granted ECF No. 100. Later on November 15, Ms. Cutshall sent an email to the Court 7 8 with two "requests." In light of Ms. Cutshall's pro se status, the 9 Court construes her letter liberally and overlooks, on this United States District Court For the Northern District of California 10 occasion only, Ms. Cutshall's failure to comply with the Court's 11 Civil Local Rules for motions.2 12 letter to contain two motions. The Court construes Ms. Cutshall's 13 First, Ms. Cutshall requests authorization to e-file her 14 documents through the Court's electronic case filing system (ECF). 15 Her request is hereby GRANTED. 16 electronic filer and all of her future filings shall be made 17 through ECF. 18 copies of all of the emails and letters she sent to the Court on 19 November 14 and 15, 2012. 20 later than 12:00 p.m. Pacific Standard Time on November 30, 2012. 21 The reason for this order is simple: this case is, like every 22 lawsuit, a matter of public record. 23 have a right to know what Ms. Cutshall says to the Court, just as 24 Ms. Cutshall has a right to know what Plaintiff says to the Court. 25 Ms. Cutshall shall DESIST from further ex parte communication with Ms. Cutshall shall register as an Ms. Cutshall is also ORDERED to file via ECF digital Ms. Cutshall shall complete this task no Both Plaintiff and the public 26 27 28 2 This Court's Civil Local Rules are available for free online at http://cand.uscourts.gov/localrules/civil. The Court also repeats its earlier suggestion that Ms. Cutshall contact the Court's Pro Se Help Desk for assistance with preparing her papers. 3 1 the Court. Put plainly, that means if Ms. Cutshall wants to ask 2 the Court for something, she must file a motion through ECF. 3 Court will disregard and ignore any further communication from Ms. 4 Cutshall unless it is filed in this case's docket through ECF. The Second, Ms. Cutshall informs the Court that she "absolutely 5 6 cannot be in California" during the week of December 17. 7 construes this statement as a motion to continue this matter to a 8 different date. 9 supports her statement of unavailability, nor suggests a date when United States District Court For the Northern District of California 10 The Court However, because Ms. Cutshall neither explains nor she will be available, the Court DENIES the motion. The Court hereby CONTINUES this matter until December 17, 11 12 2012. On that day, at 10:00 a.m., in Courtroom One, United States 13 Courthouse, 450 Golden Gate Avenue, San Francisco, California, the 14 Court shall hold (1) a prove-up hearing as to the Numbered Entity 15 and (2) a status conference as to Ms. Cutshall. 16 is inflexible and motions for continuance shall be disfavored. 17 Ms. Cutshall fails to appear, the Court will enter her default in 18 the above-captioned case, Case No. CV-10-1561-SC. This hearing date 19 20 IT IS SO ORDERED. 21 22 23 Dated: November 16, 2012 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 4 If

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