Meier et al v. Bozora et al

Filing 13

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON ANTICIPATED MOTION TO STAY. Motions to Stay due by 6/15/2012. Responses due by 6/29/2012. Replies due by 7/3/2012. Motion Hearing set for 7/9/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Chief Judge James Ware. Signed by Chief Judge James Ware on June 11, 2012. (wsn, COURT STAFF) (Filed on 6/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 11-06609 JW

Daniel Meier, et al.,

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ORDER VACATING CASE
MANAGEMENT CONFERENCE;
SETTING HEARING ON ANTICIPATED
MOTION TO STAY

Plaintiffs,
v.

For the Northern District of California

United States District Court

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Michael W. Bozora, et al.,
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Defendants.
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/

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This case is scheduled for a Case Management Conference on June 18, 2012. On June 8,

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2012, Plaintiffs filed a Case Management Conference Statement. (Docket Item No. 12.) In their

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Statement, Plaintiffs contend that no Defendants have yet filed any responsive pleadings, insofar as:

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(1) Defendant Michael Bozora has “reportedly fled [the country] and has not yet been located or

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served”; (2) Defendants Ted Ammiro and Ammiro Mortgage “promptly filed bankruptcy

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proceedings” and “asserted the automatic stay” after being served; and (3) an attorney for the

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“remaining corporate defendants” indicated, after they were served, that their insurance carrier had

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denied coverage, and that his law firm therefore “would not make an appearance until he has

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resolved how he will be paid.” (Id. at 2.) In light of these contentions, Plaintiffs contend that a stay

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of these proceedings would be appropriate pending resolution of the stay in the bankruptcy action.

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(Id. at 5.)

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Upon review, and in light of the absence of any Defendant, the Court finds that a Case

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Management Conference would not be fruitful at this time. However, insofar as Plaintiffs believe

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that these proceedings should be stayed, they must file the appropriate motion to that effect. See

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Civ. L.R. 7-1. In order to resolve this issue prior to Chief Judge Ware’s retirement,1 the Court sets

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the following schedule for Plaintiffs’ anticipated motion to stay:

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(1)

The Court sets July 9, 2012 at 9 a.m. for a hearing on the anticipated Motion to Stay.

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(2)

On or before June 15, 2012, Plaintiffs shall file their Motion to Stay, if so desired.

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(3)

On or before June 29, 2012, any Oppositions to the Motion to Stay shall be filed.

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(4)

On or before July 3, 2012, Plaintiffs shall file their Reply.

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Dated: June 11, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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On April 28, 2012, Chief Judge Ware announced that he plans to “retire in August 2012 as
the terms of his current law clerks come to an end.” See Chief Judge Ware Announces Transition,
available at http://www.cand.uscourts.gov/news/82.

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Alexander Volchegursky [e-mail]
George Frost [e-mail]

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Dated: June 11, 2012

Richard W. Wieking, Clerk

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By:
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For the Northern District of California

United States District Court

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/s/ JW Chambers
William Noble
Courtroom Deputy