Express Diagnostics Int'l, Inc. v. Tydings et al

Filing 347

ORDER REQUIRING FURTHER JOINT STATUS REPORT re 345 Notice. The Court ORDERS the parties to file a Joint Case Status Report on or before June 26, 2009. Please see Order for further specifics. Signed by Judge James Ware on 6/19/2009. (ecg, COURT STAFF) (Filed on 6/19/2009)

1 2 3 4 5 6 7 8 9 10 Express Diagnostics Int'l, Inc., v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 06-01346 JW ORDER REQUIRING FURTHER JOINT STATUS REPORT

United United States District Court

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For the Northern District of California

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Barry M. Tydings, et al., Defendants. /

On June 11, 2009, Plaintiff filed a Notice of Automatic Stay Under 11 U.S.C. § 362, and a Proposed Order Recognizing Application of Automatic Stay. (hereafter, "Notice," Docket Item No. 345.) Although styled as a Notice, Plaintiff appears to be requesting the Court to stay this action as to all remaining Defendants pursuant to 11 U.S.C. § 362(a)(3). (Notice at 3-4.) Since it is unclear from Plaintiff's Notice whether the remaining Defendants also seek to have this action stayed in its entirety, the Court ORDERS the parties to file a Joint Case Status Report on or before June 26, 2009. The parties' Report shall address the following: (1) (2) The remaining Defendants and claims in this case by a way of a chart or charts; Which remaining Defendants are subject to an automatic stay under 11 U.S.C. § 362(a); (3) Whether the Court should exercise its discretion to stay this case as to all remaining Defendants; and

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(4)

The parties' plan for proceeding with this litigation. If the parties disagree as to whether the Court should, in its discretion, stay this entire action, the parties shall also propose a briefing schedule on an anticipate motion to stay.

In light of this Order, the Court VACATES its June 12, 2009 Order requiring only Plaintiff to file a Status Report.

Dated: June 19, 2009

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Joanna R. Mendoza [e-mail] Joseph Lawrence Strabala [e-mail] Martin H. Orlick [e-mail] Richard Allen Nebb [e-mail] William N. Woodson [e-mail] Barry M. Tydings Merina T. Kisera 723 Casino Center Blvd., #2 Las Vegas, NV 89101

Dated: June 19, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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