C.F.C., a minor, by and through Christine F., his parent and guardian v. Power Balance, LLC

Filing 35

ORDER RESETTING CMC to 6/27/13 at 9:00 a.m. Case Management Statement due by 6/20/2013. Case Management Conference set for 6/27/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/5/13. (bpf, COURT STAFF) (Filed on 2/5/2013)

Case3:11-cv-00487-EMC Document34 Filed02/05/13 Page1 of 3

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LEXINGTON LAW GROUP
Mark N. Todzo (State Bar No. 168389)
Howard Hirsch (State Bar No. 213209)
503 Divisadero Street
San Francisco, CA 94117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Christopher M. Burke (State Bar No. 214799)
SCOTT + SCOTT LLP
600 B Street, Suite 1500
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
C.F.C., a minor, by and through
Christine F., his parent and guardian

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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C.F.C., minor, by and through CHRISTINE
F., his parent and guardian, on behalf of
himself and all others similarly situated,
Plaintiff,

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v.

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POWER BALANCE LLC; a Delaware
Limited Liability Company.

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CASE NO. 3:11-CV-00487-EMC
Hon. Edward M. Chen
REQUEST TO VACATE UPCOMING
CASE MANAGEMENT CONFERENCE IN
LIGHT OF ONGOING AUTOMATIC
STAY UNDER 11 U.S.C. SECTION 362

Defendants.
Complaint filed: February 1, 2011
Trial Date: None Set

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REQUEST TO VACATE UPCOMING CASE MANAGEMENT CONFERENCE
CASE NO. 3:11-CV-00487-EMC

Case3:11-cv-00487-EMC Document34 Filed02/05/13 Page2 of 3

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Plaintiff C.F.C., minor, by and through Christine F., his parent and guardian (“Plaintiff”)
requests as follows:

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WHEREAS, on November 18, 2011, Defendant Power Balance, LLC filed a voluntary

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Chapter 11 petition for relief in the United States Bankruptcy Court for the Central District of

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California.

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WHEREAS, on November 22, 2011, Power Balance filed a Notice of Pending Chapter
11 Bankruptcy and Notice of Automatic Stay in this court (Dkt. No. 29).
WHEREAS, the Chapter 11 bankruptcy is currently proceeding as Case No. 8:11-25982

9 and pending before the Honorable Theodore Albert, United States Bankruptcy Judge (the
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WHEREAS, pursuant to Section 362(a) of the Bankruptcy Code, there is currently an

12 ongoing automatic stay over the instant action.
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WHEREAS Dorsey & Whitney, LLP (counsel for the former Defendant Power Balance,

14 LLC) is not counsel to the Debtor and therefore cannot currently appear in this action on the
15 Debtor’s behalf. In addition, Dorsey & Whitney, LLP does not have authority to take any
16 position with respect to the Debtor and therefore cannot stipulate to Plaintiff’s instant request.
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WHEREAS Plaintiff is informed by Garrick Hollander of the law firm Winthrop

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Couchot, counsel for Power Balance as Debtor in the Bankruptcy Action, that: (1) Power

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Balance is currently preparing the Debtor’s Disclosure Statement; (2) a hearing regarding the

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Disclosure Statement is set for March 2013; and (3) a hearing regarding confirmation of the

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Debtor’s Chapter 11 Plan of Reorganization is expected to take place in May or June 2013.

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WHEREAS, the parties will provide this Court with an additional update on any changes
to the status of the Bankruptcy Action if and when they occur.
WHEREAS, on June 20, 2012, the Court previously granted Plaintiff’s stipulated request
to vacate the prior Case Management Conference due to the ongoing automatic stay.
Accordingly, in light of the ongoing automatic stay under Bankruptcy Code § 362(a),
Plaintiff requests that this Court vacate the upcoming Case Management Conference currently

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REQUEST TO VACATE UPCOMING CASE MANAGEMENT CONFERENCE
CASE NO. 3:11-CV-00487-EMC

Case3:11-cv-00487-EMC Document34 Filed02/05/13 Page3 of 3

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scheduled for Thursday, February 14, 2013, and reset it to a date after June 2013, which is the

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expected date for the hearing regarding Power Balance’s Chapter 11 Plan of Reorganization.

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Dated: February 5, 2013

LEXINGTON LAW GROUP

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/s/ Mark Todzo
Mark Todzo
Attorneys for Plaintiff

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PURSUANT TO THE REQUEST, IT IS SO ORDERED.

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_______________________________
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A HON. EDWARD M. CHEN
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Dated: February _____, 2013

R NIA

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The CMC is reset to 6/27/13
at 9:00 a.m. A joint CMC
Statement shall be filed by
6/20/13.

FO

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D IS T IC T O
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REQUEST TO VACATE UPCOMING CASE MANAGEMENT CONFERENCE
CASE NO. 3:11-CV-00487-EMC