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

Filing 37

ORDER RESETTING CMC TO 11/14/13 AT 9:00 A.M.. Signed by Judge EDWARD M. CHEN on 6/25/13. (bpf, COURT STAFF) (Filed on 6/25/2013)

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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

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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
10 “Bankruptcy Action”).
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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 a hearing regarding the Debtor’s Disclosure Statement is set for July 10,

14 2013, and a hearing regarding confirmation of the Debtor’s Chapter 11 Plan of Reorganization
15 has not yet been scheduled.
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WHEREAS, the parties will provide this Court with an additional update on any changes

17 to the status of the Bankruptcy Action if and when they occur.
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WHEREAS, on February 5, 2013, the Court previously granted Plaintiff’s stipulated

19 request to vacate the prior Case Management Conference due to the ongoing automatic stay.
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Accordingly, in light of the ongoing automatic stay under Bankruptcy Code § 362(a),

21 Plaintiff requests that this Court vacate the upcoming Case Management Conference currently
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scheduled for Thursday, June 27, 2013, and reset it to a date in October 2013.

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Dated: June 21, 2013

LEXINGTON LAW GROUP

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/s/ Mark Todzo
Mark Todzo
Attorneys for Plaintiff

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

PURSUANT TO THE REQUEST, IT IS SO ORDERED.

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Dated: June _____, 2013

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The CMC is reset for
11/14/13 at 9:00 a.m.

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