Hayden v. Wang et al

Filing 47

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND STAYING CASE. Case Management Statement due by 11/26/2014. Initial Case Management Conference set for 12/10/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on December 3, 2013. (wsn, COURT STAFF) (Filed on 12/3/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MATTHEW HAYDEN, Case No. 13-cv-03139-JST Plaintiff, 8 ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND STAYING CASE v. 9 10 United States District Court Northern District of California 11 WORLDWIDE ENERGY AND MANUFACTURING, INC., Defendant. 12 13 On July 11, 2013, counsel for Defendant Worldwide Energy and Manufacturing, Inc. 14 (“WEMU”) notified the Court that WEMU had filed a Petition in the U.S. Bankruptcy Court for the 15 District of Colorado under Chapter 11 of the Bankruptcy Code on July 5, 2013. ECF No. 3. Thus, this 16 case is stayed as to WEMU by operation of law. 17 18 The Court severed the claims against all other defendants on November 13, 2013 and remanded them to the San Mateo Superior Court. ECF No. 44. 19 In light of the foregoing, the Case Management Conference currently scheduled for 20 December 11, 2013 is CONTINUED to Wednesday, December 10, 2014 at 2:00 p.m. The 21 Plaintiff must file a Case Management Statement at least ten court days prior to the conference, 22 23 24 25 26 27 28 informing the Court of the status of the bankruptcy proceeding and requesting a further continuance if appropriate. If the Plaintiff becomes aware that the bankruptcy stay has been vacated, modified to allow this matter to proceed, or terminated by dismissal of the bankruptcy action, Plaintiff must immediately serve and file a notice that the bankruptcy stay is no longer in effect and request the setting of a Case Management Conference. If no party appears at the December 10, 2014 conference, and the matter has not already been dismissed, the court will then dismiss the action 1 with prejudice. 2 The matter is otherwise stayed until further notice. 3 IT IS SO ORDERED. 4 5 6 Dated: December 3, 2013 ______________________________________ JON S. TIGAR United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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