Adobe Systems Incorporated v. Accoladian Resources, LLC et al

Filing 42

ORDER RE STAY. Signed by Judge Alsup on August 18, 2014. (whalc1, COURT STAFF) (Filed on 8/18/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ADOBE SYSTEMS, INC,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-00388 WHA

v.
ACCOLADIAN RESOURCES, LLC;
VERN CAMERON, an individual and
dba ACCOLADIAN RESOURCES,
WWW.ACCOLADIANS.COM, and
WWW.ACCOLADIAN.COM, and
DOES 1–10, inclusive,

ORDER RE STAY

Defendants.

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/

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1.

VERN CAMERON.

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On August 7, defendant Vern Cameron filed for Chapter 7 bankruptcy. See In re Vern L.

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Cameron, No. 14-27927 (S.D. Fl. Aug. 7, 2014). It is undisputed that the action against

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Mr. Cameron should be stayed. See 11 U.S.C. 362. Accordingly, this action is STAYED as to

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Mr. Cameron.
ACCOLADIAN RESOURCES.

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2.

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It is undisputed that defendant Accoladian Resources, LLC has not filed for bankruptcy.

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Plaintiff Adobe Systems, Inc. “would agree to a stay of the entire action” provided that

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Accoladian be required to file “quarterly status reports.” Accoladian refuses to bear the expense

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of filing quarterly status reports but nonetheless seeks a stay of the entire action. The parties are
ambiguous as to what they mean by “quarterly status reports.” Accoladian contends that Adobe

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seeks an explanation of the schedules filed in the Vern Cameron bankruptcy matter and the

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impacts, if any, on Accoladian Resources. Adobe states that it would seek to have the stay lifted

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in the event the bankruptcy proceeding is dismissed for any reason, including failure to file

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required schedules per court order.

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A stay under Section 362 applies to actions against a debtor. On the present record,

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Accoladian is not a bankruptcy debtor. In addition, federal district courts have the inherent

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power to control their own dockets and calendars. No good cause has been proffered to stay the

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entire action. The request to stay the action as to defendant Accoladian Resources, LLC is

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DENIED. All existing deadlines remain in place. This, of course, is without prejudice to any
fresh motion brought if things change.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: August 18, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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