United States of America v. Turnder et al

Filing 43

ORDER RE STAY OF PROCEEDINGS re 42 Proposed Order filed by United States of America. Case Management Statement due by 7/24/2015. Case Management Conference set for 7/31/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 4/16/15. (dt, COURT STAFF) (Filed on 4/16/2015)

1 MELINDA HAAG (CABN 132612)
United States Attorney
2 THOMAS MOORE (ASBN 4305-O78T)
Chief, Tax Division
3 JOSE A. OLIVERA (CABN 279741)
Assistant United States Attorney
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450 Golden Gate Avenue, Box 36055
5 San Francisco, California 94102-3495
Telephone: [phone]
6 Facsimile: [phone]
Email: [e-mail]
7 Attorneys for the United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,
vs.
LANCE M. TURNER, et al.,
Defendants.

) Case No.: 3:14-cv-01456-SC
)
)
) [PROPOSED] ORDER REGARDING STAY OF
) PROCEEDINGS
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)

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On March 19, 2015, Defendants Lance M. Turner and Diane C. Turner filed a Notice of

18 Bankruptcy Filing in the above-captioned case. (See Dkt. No. 41.) According to Exhibit A of
19 Defendants’ Notice, Defendants filed a Chapter 13 bankruptcy petition on March 19, 2015. (See Dkt
20 No. 41-1.) Upon Defendants’ bankruptcy filing, an automatic stay arose under 11 U.S.C. § 362(a).
21 While the automatic stay is in effect, the continuation of this civil judicial proceeding is prohibited until
22 and unless the automatic stay is lifted by operation of bankruptcy law or by order of the bankruptcy
23 court having jurisdiction over Defendants’ bankruptcy case. See 11 U.S.C. §§ 362(a)(1), 362(c), and
24 362(d). Accordingly,
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IT IS ORDERED that:
1. The above-captioned civil proceeding is stayed while the automatic stay under 11
U.S.C. § 362 is in effect;

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[Proposed] Order Regarding Stay of
Proceedings; Case No.: 3:14-CV-01456-SC

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2. The Case Management Conference scheduled for April 17, 2015, at 10 a.m., is
vacated; and

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3. A Case Status Conference is scheduled for July 24, 2015, at 10, a.m., in Courtroom 1,
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17th Floor, San Francisco, California. By July 17, 2015, counsel for the United States

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shall file a Case Status Report containing an explanation of the status of Defendants’

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bankruptcy case and whether the automatic stay is still in effect.

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April
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DONE AND SIGNED this _____ day of __________, 2015 in San Francisco, California.

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________________________________
HON. SAMUEL CONTI
UNITED STATES DISTRICT JUDGE

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[Proposed] Order Regarding Stay of
Proceedings; Case No.: 3:14-CV-01456-SC

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