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

Filing 41

ORDER RESETTING CMC. Case Management Statement due by 4/17/2014. Case Management Conference set for 4/24/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/7/14. (bpf, COURT STAFF) (Filed on 2/7/2014)

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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
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WHEREAS, it appears that the court in the Bankruptcy Action approved Power

12 Balance’s Third Amended Chapter 11 Liquidating Plan at a December 19, 2013 hearing,
13 however the order confirming the plan has not yet been entered by the Court.
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WHEREAS, Plaintiff’s claims will be resolved by the Third Amended Chapter 11

15 Liquidating Plan, thus Plaintiff intends to dismiss this case once the order confirming the plan
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WHEREAS, pursuant to Section 362(a) of the Bankruptcy Code, there is currently an

18 ongoing automatic stay over the instant action.
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WHEREAS, on November 7, 2013, the Court previously granted Plaintiff’s request to

20 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) and

22 Plaintiff’s intent to dismiss the case, Plaintiff requests that this Court vacate the upcoming Case
23 Management Conference currently scheduled for February 13, 2014, and reset it to a date in
24 April 2014.
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Dated: February 5, 2014

LEXINGTON LAW GROUP
/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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_______________________________
HON. EDWARD M. RED
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UNIT
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Dated: February _____, 2014

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The CMC is reset for
4/24/14 at 9:00 a.m.

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