Hartford Fire Insurance Company v. NBC General Contractors Corporation et al
Filing
150
ORDER GRANTING 148 MOTION TO REOPEN THE CASE. Signed by Judge Saundra Brown Armstrong on 7/16/2014. (ndr, COURT STAFF) (Filed on 7/16/2014)
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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7 HARTFORD FIRE INSURANCE
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COMPANY,
Plaintiff,
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Case No: C 09-5363 SBA
ORDER GRANTING
MOTION TO REOPEN
THE CASE
v.
Docket 148
NBC GENERAL CONTRACTORS
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Corporation; MONICA UNG, an
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an individual,
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Defendants.
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On November 13, 2009, Plaintiff Hartford Fire Insurance Company (“Hartford”)
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commenced the instant action against NBC General Contractors Corporation (“NBC”),
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Monica Ung (“Ung”), and Dennis Chow (“Chow”) alleging claims for breach of indemnity
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agreement, specific performance, injunctive relief, and quia timet. Compl., Dkt. 1. On
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March 5, 2013, the Court issued an Order administratively closing the case in light of the
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automatic stay issued in the respective bankruptcy cases filed by NBC and Ung. Dkt. 107.
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In that Order, the Court directed the parties to immediately notify the Court in the event
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that either stay is lifted and to specify their request for further handling of this action. Id.
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On June 27, 2014, Hartford filed a motion to reopen the case as to NBC. Dkt. 148.
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Hartford asserts that good cause exists to reopen the case because the bankruptcy court has
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issued a Final Decree and closed the NBC bankruptcy, thereby terminating the automatic
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stay. Pl.’s Mot. at 4; Curran Decl. ¶ 11, Exh. 1. Under Civil Local Rule 7-3, any
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opposition to Hartford’s motion was due by no later than fourteen days after the motion
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was filed, i.e., July 11, 2014. This Court’s Standing Orders specifically warn that “[t]he
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failure of the opposing party to file a memorandum of points and authorities in opposition
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to any motion shall constitute a consent to the granting of the motion.” See Civil Standing
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Orders at 4. To date, no opposition has been filed. Having read and considered the papers
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filed in connection with Hartford’s motion, the Court finds that good cause exists to reopen
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the case as to NBC. The automatic stay upon the filing of a bankruptcy petition continues
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until the bankruptcy case is dismissed or closed, or a discharge is granted or denied. See 11
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U.S.C. § 362(c)(2).
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Accordingly,
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IT IS HEREBY ORDERED THAT:
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1.
Hartford’s motion to reopen the case is GRANTED.
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2.
The Clerk shall reopen the case as to NBC.
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3.
This Order terminates Docket 148.
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IT IS SO ORDERED.
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Dated: 7/16/2014
_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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