Facebook, Inc. v. Wallace et al

Filing 85

ORDER BY JUDGE JEREMY FOGEL STAYING ACTION AND TERMINATING WITHOUT PREJUDICE 62 , 65 , 70 MOTIONS FOR DEFAULT JUDGMENT AND CRIMINAL CONTEMPT. (jflc2, COURT STAFF) (Filed on 7/7/2009)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK INC., a Delaware Corporation Plaintiff, v. SANFORD WALLACE, ADAM ARZOOMANIAN, and SCOTT SHAW, individuals; and DOES 1 through 25, inclusive, individuals, and/or business entities of unknown nature, Defendant.

Case Number C-09-00798 JF(RS) ORDER1 STAYING ACTION AND TERMINATING WITHOUT PREJUDICE MOTIONS FOR DEFAULT JUDGMENT AND CRIMINAL CONTEMPT [Docket Nos. 65, 70]

Because Defendant Sanford Wallace ("Wallace") has filed a bankruptcy petition in the United States Bankruptcy Court for the District of Nevada, See In re Wallace, Case No. 0919921-BAM, the instant action is subject to the automatic bankruptcy stay. See 11 U.S.C. § 362(a). Accordingly, Plaintiff Facebook's motion for default judgment is terminated without prejudice. The motion may be re-noticed if and when the bankruptcy stay is lifted. The motion for criminal contempt is not subject to the stay, as 11 U.S.C. § 362(b)(1)

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This disposition is not designated for publication in the official reports.

C a s e Number C-09-00798 JF(RS) O R D E R STAYING ACTION AND TERMINATING WITHOUT PREJUDICE MOTIONS FORDEFAULT JU D G M E N T AND CRIMINAL CONTEMPT ( JF E x 1 )

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provides an exception to the stay for "the commencement or continuation of a criminal action or proceeding against the debtor." However, because the Court has referred this matter to the United States Attorney's Office with a request that Wallace be prosecuted for criminal contempt, Facebook's criminal contempt motion also is terminated without prejudice. IT IS SO ORDERED.

DATED: July 6, 2009 __________________________________ JEREMY FOGEL United States District Judge

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C a s e Number C-09-00798 JF(RS) O R D E R STAYING ACTION AND TERMINATING WITHOUT PREJUDICE MOTIONS FOR DEFAULT JU D G M E N T AND CRIMINAL CONTEMPT (JFEx1)

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Copies of this Order have been served upon the following persons:

David P. Chiappetta

[e-mail]

James Robert McCullagh

[e-mail]

Joseph Perry Cutler

[e-mail]

Sanford Wallace 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Scott Shaw

[e-mail]

[e-mail]

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C a s e Number C-09-00798 JF(RS) O R D E R STAYING ACTION AND TERMINATING WITHOUT PREJUDICE MOTIONS FOR DEFAULT JU D G M E N T AND CRIMINAL CONTEMPT (JFEx1)