The Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for Nothern California et al v. Victory Engineers, Inc.

Filing 16

ORDER LIFTING STAY AND SETTING FURTHER COMPLIANCE HEARING. The bankruptcy status hearing scheduled for 5/3/13 at 9:01am is VACATED. Compliance Hearing is set for 5/31/2013 09:01 AM before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 5/2/13. (fs, COURT STAFF) (Filed on 5/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES, in their capacities as
Trustees of the Laborers Health and Welfare
Trust Fund of Northern California, et al.,

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ORDER LIFTING STAY AND SETTING
FURTHER COMPLIANCE HEARING

Plaintiffs,

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Case No.: C-12-01946-YGR

vs.
VICTORY ENGINEERS, INC.,

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Defendant.

Northern District of California

United States District Court

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Plaintiffs have filed a Case Management Statement Regarding Resolution of Defendant’s

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Chapter 7 Bankruptcy. (Dkt. No. 15.) In light of the Bankruptcy Court issuing Final Decree granting

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Defendant’s discharge from Chapter 7 bankruptcy, the stay in this action is LIFTED. The bankruptcy

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status hearing scheduled for May 3, 2013 at 9:01 a.m. is hereby VACATED.
Plaintiffs are ORDERED to provide an additional statement regarding the effect of Defendant’s

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bankruptcy discharge on this action.1 If Plaintiffs’ claims were discharged in the bankruptcy, the

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parties shall file stipulation of dismissal. If the claims were not discharged and Plaintiffs intend to

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proceed with this action, they must provide a more detailed Case Management Statement.
A compliance hearing is scheduled for May 31, 2013 at 9:01 a.m. Five (5) business days prior

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to the date of the compliance hearing, Plaintiffs must the above-referenced stipulation of dismissal or

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Case Management Statement. If the dismissal or statement has been timely filed, no appearance will

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be required and the compliance hearing will be taken off calendar. Telephonic appearances will be

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The Court notes that Plaintiffs were required to immediately inform the Court when they became
“aware that the bankruptcy stay has been vacated, modified to allow this matter to proceed, or
terminated by dismissal of the bankruptcy action.” (Dkt. No. 14.) Instead, it appears that Plaintiffs
waited for over seven months to inform the Court.

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allowed if the statement has been submitted in a timely fashion and the Court deems the hearing

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necessary. Failure to do so may result in sanctions.

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IT IS SO ORDERED.

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Dated: May 2, 2013

_____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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