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
11 CORPORATION, a California
Corporation; MONICA UNG, an
12 individual; and DENNIS CHOW,
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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