United States of America v. Brinskele et al

Filing 41

ORDER FOR SERVICE AND REQUIRING MEET AND CONFER re 40 Notice (Other) filed by Rebecca B. Brinskele, Edward A. Brinskele. Signed by Judge Claudia Wilken on 2/23/18. (fs, COURT STAFF) (Filed on 2/23/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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United States District Court
Northern District of California

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Case No. 17-cv-01410-CW

Plaintiff,
ORDER FOR SERVICE AND
REQUIRING PARTIES TO MEET AND
CONFER

v.
EDWARD A. BRINSKELE, REBECCA
B. BRINSKELE, WESTAMERICA
BANK, and JPMORGAN CHASE BANK,
successor in interest to CHASE
MANHATTAN BANK USA, N.A., and
WASHINGTON MUTUAL BANK,

(Dkt. No. 40)

Defendants.
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On February 23, 2018, Defendants Edward A. Brinskele and
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Rebecca B. Brinskele notified the Court that Rebecca B. Brinskele
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had filed a voluntary Chapter 11 bankruptcy petition on February
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23, 2018 at 7:45 a.m., which was assigned case number 18-30194 in
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the United States Bankruptcy Court for the Northern District of
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California.
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No other Defendant has notified the Court of the filing of a
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bankruptcy petition.

The bank Defendants were named pursuant to

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26 U.S.C. § 7403(b) as parties that may claim an interest in the
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proceeding.

Defendant Westamerica Bank filed a disclaimer of any

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interest on October 2, 2017.

Defendant JPMorgan Chase Bank has

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never appeared in this action.

Individual Defendant Edward A.

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Brinskele, however, has appeared and remains a party.
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Accordingly, the Court orders as follows:
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1.

This case is stayed with regard to Defendant Rebecca B.

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Brinskele pursuant to 11 U.S.C. § 362.
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2.

Within seven days after this order, Plaintiff shall

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either (a) file proof of service on Defendant JPMorgan Chase Bank

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pursuant to Federal Rule of Civil Procedure 4(l), or (b) file a

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declaration that JPMorgan Chase Bank waived service.

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3.

All parties except Rebecca B. Brinskele must meet and

confer as to whether this entire action should be stayed or

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whether Plaintiff’s claims against Edward A. Brinskele should

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proceed.

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United States District Court
Northern District of California

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parties must file either a stipulation to stay this action

Within fourteen days after this order, the remaining

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pending the bankruptcy stay or a joint statement setting forth

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each party’s position with respect to staying this action.

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IT IS SO ORDERED.

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Dated: February 23, 2018
CLAUDIA WILKEN
United States District Judge

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