Burns et al v. Halopoff & Sons, Inc. et al

Filing 71

ORDER VACATING HEARING ON MOTION FOR SUMMARY JUDGMENT IN LIGHT OF BANKRUPTCY STAY, ORDER STAYING CASE. Compliance Hearing is set for Friday, 1/22/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/22/15. (fs, COURT STAFF) (Filed on 4/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUSSELL E. BURNS, ET AL.,

Case No. 13-cv-03968-YGR

Plaintiffs,
ORDER VACATING HEARING ON MOTION
FOR SUMMARY JUDGMENT IN LIGHT OF
BANKRUPTCY STAY

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v.
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JOHN HALOPOFF,

Re: Dkt. Nos. 62

Defendant.
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Plaintiffs Russell E. Burns, et al., filed and served their Motion for Summary Judgment
against Defendant John Halopoff (“Halopoff”) on March 23, 2015. On April 21, 2015, Halopoff

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United States District Court
Northern District of California

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filed a Notice of Bankruptcy Filing and Automatic Stay. (Dkt. No. 70.)

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In light of that Notice, this action is STAYED. The hearing on the motion for summary

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judgment, set for April 28, 2015, is VACATED. All other deadlines and hearing dates in this matter

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are likewise vacated.

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The Court sets this matter for a compliance hearing regarding status of the bankruptcy at

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9:01 a.m. on January 22, 2016. Five (5) business days prior to the compliance hearing, Plaintiffs

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shall file a status report informing the Court of the status of the bankruptcy proceedings. If the

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status report has been timely filed, no appearance will be required and the compliance hearing will

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be taken off calendar. Telephonic appearances will be allowed if the statement has been submitted

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in a timely fashion and the Court deems the hearing necessary.

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If Plaintiffs become aware that the bankruptcy stay has been vacated, modified to allow
this matter to proceed, or terminated by dismissal of the bankruptcy action, Plaintiffs shall
immediately serve and file a notice that the bankruptcy stay is no longer in effect and request
resolution of the pending Motion for Summary Judgment.
IT IS SO ORDERED.
Dated: April 22, 2015
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE