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

Filing 43

ORDER RESETTING CMC re 42 Case Management Statement, filed by C.F.C., a minor, by and through Christine F., his parent and guardian Case Management Statement due by 7/3/2014. Case Management Conference set for 7/10/2014 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/21/14. (bpf, COURT STAFF) (Filed on 4/21/2014)

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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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Defendants.

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
ORDER RESETTING CMC

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, Case No. 8:11-25982, is pending before the
Honorable Theodore Albert, United States Bankruptcy Judge (the “Bankruptcy Action”).
WHEREAS, the court in the Bankruptcy Action has confirmed Power Balance’s Third
Amended Chapter 11 Liquidating Plan.
WHEREAS, Plaintiff’s claims will be resolved by the Third Amended Chapter 11
Liquidating Plan, thus Plaintiff intends to dismiss this case.
WHEREAS, Plaintiff has contacted Power Balance’s bankruptcy attorneys and requested

15 that they sign a Stipulation for Voluntary Dismissal pursuant to F.R.C.P. 41(a)(1)(A)(ii).
16 Plaintiff has not yet heard back from Power Balance’s attorneys on this matter. If Power
17 Balance’s bankruptcy attorneys cannot sign the Stipulation for Voluntary Dismissal, Plaintiff
18 intends to file a request for a Court Order dismissing this case.
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WHEREAS, pursuant to Section 362(a) of the Bankruptcy Code, there is currently an

20 ongoing automatic stay over the instant action.
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WHEREAS, on February 7, 2014, the Court previously granted Plaintiff’s request to

22 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

24 Plaintiff’s intent to dismiss the case, Plaintiff requests that this Court vacate the upcoming Case
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REQUEST TO VACATE UPCOMING CASE MANAGEMENT CONFERENCE
CASE NO. 3:11-CV-00487-EMC

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Management Conference currently scheduled for April 24, 2014, and reset it to a date in June

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2014.

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Dated: April 16, 2014

LEXINGTON LAW GROUP
/s/ Mark Todzo
Mark Todzo
Attorneys for Plaintiff

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PURSUANT TO THE REQUEST, IT IS SO ORDERED. The 4/24/14 CMC is reset for
7/10/14 at 9:30 a.m. An updated
joint CMC statement shall be
filed by 7/3/14.

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Dated: April _____, 2014

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