Hall v. Apartment Investment and Management Company

Filing 247

ORDER ADMINISTRATIVELY CLOSING CASE AND VACATING TRIAL DATES. Signed by Judge Claudia Wilken on 6/6/2012. (ndr, COURT STAFF) (Filed on 6/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GREGORY
GONZALO
DOUGLAS
RICHARD
ARNULFO
MACKEY,

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United States District Court
For the Northern District of California

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HALL; FAUSTO AGUILAR;
AGUILAR; CHARLES CHILTON;
GIVENS; QUINCY MOUTON;
RANKIN; HECTOR RODRIGUEZ;
CARRANZA-RIVAS; and TERRY
Plaintiffs,

No. C 08-3447 CW
ORDER
ADMINISTRATIVELY
CLOSING CASE AND
VACATING TRIAL
DATES

v.
APARTMENT INVESTMENT AND
MANAGEMENT COMPANY; AIMCO
CAPITAL, INC.; FORTNEY &
WEYGANDT, INC.; IMR CONTRACTOR
CORPORATION; BAY BUILDING
SERVICES; BAY AREA CONSTRUCTION
FRAMERS, INC.; ALL HALLOWS
PRESERVATION, L.P; BAYVIEW
PRESERVATION, L.P; LA SALLE
PRESERVATION, L.P; SHOREVIEW
PRESERVATION, L.P.; ISMAEL AVILA;
MOISES AVILA; and DOES 1-50,
Defendants.
________________________________/
On June 6, 2012, Defendants Moises and Ismael Avila filed a

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Notice of Bankruptcy with the Court, stating that they filed a

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petition pursuant to Chapter Seven of the Bankruptcy Code on June

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5, 2012, and that an automatic stay was thus in effect as to

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Plaintiffs’ claims against them.

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IT IS HEREBY ORDERED that:

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1.

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The two-day bench trial, currently set to being on June

11, 2012, is VACATED.
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Because Plaintiffs’ claims against the other Defendants

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in this action have been voluntarily dismissed or summarily

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adjudicated by the Court or are also subject to an ongoing

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automatic bankruptcy stay, there appears to be no further reason

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at this time to maintain the file as an open one for statistical

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purposes, and the Clerk is instructed to submit a JS-6 Form to the

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Administrative Office.

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3.

Nothing contained in this Order shall be considered a

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dismissal or disposition of this action, and, should further

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proceedings in this litigation become necessary or desirable, any

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party may initiate it in the same manner as if this Order had not

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been entered.

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United States District Court
For the Northern District of California

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Dated:

6/6/2012

CLAUDIA WILKEN
United States District Judge

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