Pension Plan for Pension Trust Fund for Operating Engineers et al v. Construction Materials Testing, Inc.

Filing 48

ORDER STAYING CASE pursuant to 47 . Signed by Magistrate Judge Donna M. Ryu on 7/18/2016. (dmrlc3, COURT STAFF) (Filed on 7/18/2016)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 PENSION PLAN FOR PENSION TRUST FUND FOR OPERATING ENGINEERS, et al., Plaintiffs, 9 Case No. 15-cv-05325-DMR ORDER STAYING CASE Re: Dkt. No. 47 v. 10 United States District Court Northern District of California 11 12 CONSTRUCTION MATERIALS TESTING, INC., et al., Defendants. 13 Plaintiffs brought this action pursuant to the Employee Retirement Income Security Act, as 14 amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1001-1461, 15 to collect withdrawal liability assessed against Defendant Construction Materials Testing, Inc. 16 (“CMT”) and Does 1 through 10. Complaint at 2. CMT did not respond to the complaint and 17 Plaintiffs moved for default judgment against CMT. Plaintiffs’ Motion for Default Judgment 18 [Docket No. 20] at 1. 19 On July 18, 2016, Plaintiffs filed a notice of automatic stay under 11 U.S.C. § 362. 20 [Docket No. 47.] CMT filed for protection under Chapter 11 of the United States Bankruptcy 21 Code in the U.S. Bankruptcy Court, Northern District of California, on June 29, 2016. Pursuant to 22 11 U.S.C. § 362, Plaintiffs are stayed from proceeding with this action until the automatic 23 24 25 26 27 28 bankruptcy stay is no longer in effect. It is hereby ordered that: 1. This action is stayed. 2. The hearing previously set on Plaintiffs’ motion for default judgment on July 28, 2016 is hereby vacated. All case management deadlines are hereby vacated. 3. The Clerk shall administratively close the file. 4. Plaintiffs shall reopen the case by filing a status report within seven days of the lifting 1 of the automatic bankruptcy stay. 2 Plaintiffs shall serve a copy of this order on Defendant and file proof of service with the 3 4 court. 5 6 7 8 9 IT IS SO ORDERED. Dated: July 18, 2016 ______________________________________ Donna M. Ryu United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?