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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et
al.,
Plaintiffs,

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Case No. 15-cv-05325-DMR
ORDER STAYING CASE
Re: Dkt. No. 47

v.
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United States District Court
Northern District of California

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CONSTRUCTION MATERIALS
TESTING, INC., et al.,
Defendants.

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Plaintiffs brought this action pursuant to the Employee Retirement Income Security Act, as

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amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1001-1461,

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to collect withdrawal liability assessed against Defendant Construction Materials Testing, Inc.

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(“CMT”) and Does 1 through 10. Complaint at 2. CMT did not respond to the complaint and

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Plaintiffs moved for default judgment against CMT. Plaintiffs’ Motion for Default Judgment

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[Docket No. 20] at 1.

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On July 18, 2016, Plaintiffs filed a notice of automatic stay under 11 U.S.C. § 362.

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[Docket No. 47.] CMT filed for protection under Chapter 11 of the United States Bankruptcy

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Code in the U.S. Bankruptcy Court, Northern District of California, on June 29, 2016. Pursuant to

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11 U.S.C. § 362, Plaintiffs are stayed from proceeding with this action until the automatic

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bankruptcy stay is no longer in effect.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

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of the automatic bankruptcy stay.

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Plaintiffs shall serve a copy of this order on Defendant and file proof of service with the

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court.

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IT IS SO ORDERED.
Dated: July 18, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge

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United States District Court
Northern District of California

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