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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 GREGORY GONZALO DOUGLAS RICHARD ARNULFO MACKEY, 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 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 18 Notice of Bankruptcy with the Court, stating that they filed a 19 petition pursuant to Chapter Seven of the Bankruptcy Code on June 20 5, 2012, and that an automatic stay was thus in effect as to 21 Plaintiffs’ claims against them. 22 IT IS HEREBY ORDERED that: 23 1. 24 25 The two-day bench trial, currently set to being on June 11, 2012, is VACATED. 2. Because Plaintiffs’ claims against the other Defendants 26 in this action have been voluntarily dismissed or summarily 27 adjudicated by the Court or are also subject to an ongoing 28 automatic bankruptcy stay, there appears to be no further reason 1 at this time to maintain the file as an open one for statistical 2 purposes, and the Clerk is instructed to submit a JS-6 Form to the 3 Administrative Office. 4 3. Nothing contained in this Order shall be considered a 5 dismissal or disposition of this action, and, should further 6 proceedings in this litigation become necessary or desirable, any 7 party may initiate it in the same manner as if this Order had not 8 been entered. 9 United States District Court For the Northern District of California 10 11 Dated: 6/6/2012 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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