UFCW & Employers Benefit Trust Fund et al v. Pahl & McCay et al

Filing 5

ORDER OF DISMISSAL WITHOUT PREJUDICE re 4 Proposed Order filed by Joy Lynn Belli, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/22/14. (nahS, COURT STAFF) (Filed on 12/22/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12
13

UFCW & EMPLOYERS BENEFIT
TRUST FUND, et al.

14

Plaintiffs,

15

ORDER VACATING ACTION

v.

16

Case No. 4:14-cv-05120-PJH

PAHL & McCAY, et al.

17

Defendants.

18
The Court has reviewed the December 3, 2014 correspondence from all parties in

19
20

the above-referenced action, and the Stipulation Regarding Pahl & McCay and Stephen D. Pahl’s

21

Motion to Withdraw Reference, filed in the underlying bankruptcy case, titled “UFCW &

22

Employers Benefit Trust Fund, et al. v. Belli, et al.,” Case No. 14-04150-CN-AP, and finds that

23

this above-referenced action (the “Action”) was improperly opened by the court in error.

24

GOOD CAUSE APPEARING THEREFOR, it is hereby ordered that this above-

25

referenced Action is vacated and dismissed without prejudice to any rights of the parties herein.
GOOD CAUSE FURTHER APPEARING, to the extent the Bankruptcy Court has

26
27

deemed this Action to be withdrawn, the Bankruptcy Court is instructed to void any actions in

28

Adversary Proceeding, Case No. 14-04150 that could be deemed to be the withdrawal of the
21630002/533788v1

1
ORDER VACATING ACTION

Case No. 4:14-cv-05120-PJH

1

reference for this Action. No withdrawal of the reference of this Action shall be deemed to have

2

occurred and the Bankruptcy Court shall continue to have jurisdiction over the Action unless

3

otherwise ordered by this Court.

4
S
UNIT
ED

S DISTRICT
TE
C
TA

RT
U
O

ED

ORDER

IT IS SO

ilton

RT

Judge Ph

A

H

ER

7

FO

am
yllis J. H

NO

6

R NIA

UNITED STATES DISTRICT COURT JUDGE
LI

5

December 22
Dated: _______________, 2014

N

F
D IS T IC T O
R

C

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21630002/533788v1

2
ORDER VACATING ACTION

Case No. 4:14-cv-05120-PJH