BSD, Inc et al v. Equilon Enterprises, LLC et al

Filing 152

ORDER DISCHARGING OSC. Signed by Judge Maria-Elena James on 9/24/2013. (cdnS, COURT STAFF) (Filed on 9/24/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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BSD, INC., et al.,

No. C 10-5223 SBA (MEJ)
Plaintiffs,

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ORDER DISCHARGING OSC

v.
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EQUILON ENTERPRISES, LLC, et al.,
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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On August 21, 2013, Defendant Equilon Enterprises, LLC filed a Motion for Attorney’s Fees

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and Costs against Plaintiff Youstine, Inc. Dkt. No. 144. The Honorable Saundra Brown Armstrong,

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the presiding judge in this case, subsequently referred the matter to the undersigned to prepare a

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report and recommendation. Dkt. No. 146. However, as Youstine failed to file an opposition

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pursuant to Civil Local Rule 7, the Court ordered Youstine to show cause why Equilon’s Motion

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should not be granted in compliance with Judge Armstrong’s Standing Order1, as well as for failure

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to comply with court deadlines. The Court ordered Youstine to file a declaration by September 19,

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2013, and scheduled a hearing on October 3, 2013. Dkt. No. 150.

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On September 24, 2013, Equilon filed a Notice of Bankruptcy Filing by Youstine, Inc., in

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which Equilon states that it has been notified by Youstine’s former counsel that on September 17,

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2013, Youstine filed a voluntary petition under Chapter 7 of the United States Bankruptcy Code in

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the United States Bankruptcy Court for the Central District of California. Dkt. No. 151. As

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Youstine’s filing operates as an automatic stay of this action pursuant to Section 362(a) of the

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Pursuant to Judge Armstrong’s Civil Standing Order, “[t]he failure of the opposing party to
file a memorandum of points and authorities in opposition to any motion shall constitute a consent to
the granting of the motion.” See Judge Armstrong’s Civil Standing Order, effective September 21,
2012, at ¶ C.6.

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Bankruptcy Code, including Equilon’s Motion for Attorney's Fees and Costs, the Court

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DISCHARGES the Order to Show Cause. Should the bankruptcy stay be lifted, Equilon may re-

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notice its Motion.

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IT IS SO ORDERED.

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Dated: September 24, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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