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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PLUSFIVE CLAIMS, LLC,

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Plaintiff,

United States District Court

For the Northern District of California

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v.

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0713401 B.C. LTD, a foreign
entity, SHARRIE CUTSHALL, an
individual,

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Defendants.
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Case No. 10-1561-SC
ORDER STAYING CASE PURSUANT
TO SECOND FILING OF
BANKRUPTCY PETITION AND
SETTING HEARING DATE

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For the second time in a row, Defendant Sharrie Cutshall has

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filed for personal bankruptcy mere hours before a scheduled trial.

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The first time was on September 17, 2012.

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a.m. in San Francisco, but Ms. Cutshall in Salt Lake City, Utah,

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filing a Chapter 7 bankruptcy petition in the United States

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Bankruptcy Court there.

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bankruptcy case filing).

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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,

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she had repeatedly been advised by the Court and by her former

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counsel1 that she was facing a default if she failed to appear for

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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).

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trial, and that her co-defendant 0713401 B.C. LTD (the "Numbered

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Entity"), which is alleged to be Ms. Cutshall's corporate alter-

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ego, was also facing default if it failed to appear through

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counsel.

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previous warnings received by her).

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of Ms. Cutshall's September 17 bankruptcy petition, the Court

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observed the automatic bankruptcy stay as to Ms. Cutshall and,

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additionally, exercised its discretion to stay the case against the

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Numbered Entity.

United States District Court

For the Northern District of California

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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.

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Cutshall's bankruptcy petition for failure to comply with 11 U.S.C.

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§ 109(h), which required Ms. Cutshall to undertake budget and

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credit counseling before filing a bankruptcy petition.

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24, 2012, Plaintiff PlusFive Claims, LLC ("Plaintiff") moved to

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reset the case for trial on the ground that, since the bankruptcy

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case was dismissed, the automatic bankruptcy stay was lifted.

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No. 94 (motion to reset) Ex. A (order dismissing bankruptcy case).

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On October 30, 2012, the Court set trial for November 15,

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2012.

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more that her failure to appear would result in her default.

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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,

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Ms. Cutshall again filed for bankruptcy.

She notified the Court

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informally via email.

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current bankruptcy petition is the second she has filed in under a

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year, the automatic bankruptcy stay lasts only 30 days.

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U.S.C. § 362(c)(3)(A); see also id. § 362(c)(4)(A) (third

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bankruptcy petition will not result in a stay).

The Court notes that, because Ms. Cutshall's

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On November 15, 2012, the Court held the scheduled trial as to

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the Numbered Entity.

No one appeared on the Numbered Entity's

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behalf, so the Court entered its default.

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Plaintiff's counsel's oral motion to continue this matter to

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December 17, 2012, the day after the 30-day bankruptcy stay

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concludes.

The Court also granted

ECF No. 100.

Later on November 15, Ms. Cutshall sent an email to the Court

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with two "requests."

In light of Ms. Cutshall's pro se status, the

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Court construes her letter liberally and overlooks, on this

United States District Court

For the Northern District of California

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occasion only, Ms. Cutshall's failure to comply with the Court's

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Civil Local Rules for motions.2

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letter to contain two motions.

The Court construes Ms. Cutshall's

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First, Ms. Cutshall requests authorization to e-file her

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documents through the Court's electronic case filing system (ECF).

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Her request is hereby GRANTED.

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electronic filer and all of her future filings shall be made

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through ECF.

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copies of all of the emails and letters she sent to the Court on

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November 14 and 15, 2012.

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later than 12:00 p.m. Pacific Standard Time on November 30, 2012.

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The reason for this order is simple: this case is, like every

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lawsuit, a matter of public record.

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have a right to know what Ms. Cutshall says to the Court, just as

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Ms. Cutshall has a right to know what Plaintiff says to the Court.

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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

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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.
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the Court.

Put plainly, that means if Ms. Cutshall wants to ask

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the Court for something, she must file a motion through ECF.

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Court will disregard and ignore any further communication from Ms.

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Cutshall unless it is filed in this case's docket through ECF.

The

Second, Ms. Cutshall informs the Court that she "absolutely

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cannot be in California" during the week of December 17.

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construes this statement as a motion to continue this matter to a

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different date.

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supports her statement of unavailability, nor suggests a date when

United States District Court

For the Northern District of California

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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,

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2012.

On that day, at 10:00 a.m., in Courtroom One, United States

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Courthouse, 450 Golden Gate Avenue, San Francisco, California, the

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Court shall hold (1) a prove-up hearing as to the Numbered Entity

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and (2) a status conference as to Ms. Cutshall.

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is inflexible and motions for continuance shall be disfavored.

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Ms. Cutshall fails to appear, the Court will enter her default in

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the above-captioned case, Case No. CV-10-1561-SC.

This hearing date

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IT IS SO ORDERED.

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Dated: November 16, 2012
UNITED STATES DISTRICT JUDGE

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If