Lloyd T Whitaker v. Daniel G Hickey , Jr. et al

Filing 66

ORDER EXTENDING STAY AND DENYING MOTION TO DISMISS AS MOOT WITHOUT PREJUDICE 39 .(whalc2, COURT STAFF) (Filed on 9/7/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LLOYD T. WHITAKER, in his capacity as
the Liquidating Trustee of the Embarcadero
Liquidating Trust,

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No. C 15-03904 WHA

Plaintiff,
v.

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DANIEL G. HICKEY, JR., DANIEL G.
HICKEY, SR., JAMES J. SCARDINO,
CHESTER J . WALCZYK, JOSEPH F.
TAYLOR, KEITH HYNES, and DAVID
M. BIRSNER,

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ORDER EXTENDING STAY AND
DENYING MOTION TO DISMISS
AS MOOT WITHOUT
PREJUDICE

Defendants.

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/

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A motion to dismiss has been pending since December of 2015. As a result of counsel’s

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various postponements, the undersigned judge will be reported to Congress for failure to have

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ruled on the motion. The truth is that the delay is due to the postponement sought in order to

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obtain the bankruptcy court’s approval of the proposed settlement. The solution is to deny as

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moot the pending motion to dismiss without prejudice to renewal if the bankruptcy court does

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not approve the proposed settlement. The motion to dismiss is therefore DENIED AS MOOT

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WITHOUT PREJUDICE.

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The request for an extension of the stay until September 20, 2016, is GRANTED. The

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parties shall submit a status report by September 21, 2016.

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IT IS SO ORDERED.

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Dated: September 7, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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