Martinez et al v. BK Painting et al

Filing 24

ORDER CLOSING CASE. Signed by Judge Richard Seeborg on 12/30/11. (cl, COURT STAFF) (Filed on 12/30/2011)

*E-Filed 12/30/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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SILVIA OCHOA MARTINEZ, et al.
Plaintiffs,

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Case No. C 09-1680 RS
ORDER CLOSING CASE

v.
BK PAINTING, et al.,
Defendants.
____________________________________/

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In April of 2011, an order issued directing plaintiffs either to file a request for dismissal or

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show cause why this action should not be dismissed for failure to prosecute, in light of the fact that

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there had been no activity in the matter for over a year. Plaintiffs did not respond to the order, but

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defendants filed a notice that they had filed bankruptcy a year earlier, giving rise to an automatic

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stay. From its own review of the bankruptcy docket, the Court was able to determine that plaintiffs

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were pursuing their claims through an adversary proceeding in the bankruptcy court. The order to

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show cause was therefore discharged, and the parties were directed to file periodic status reports.

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The parties filed one timely status report, but failed to file a second report when it became

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due. At this juncture, there is no reason to believe further proceedings in this Court will be

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necessary. Accordingly, the parties are relieved of their obligation to file periodic status reports, and

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the Clerk is directed to close this file administratively. This order is without prejudice to any rights

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plaintiffs may have to pursue remedies in the bankruptcy proceeding and nothing in this order shall

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be considered a dismissal or disposition of this action. Should further proceedings herein become

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necessary or desirable, any party may initiate such proceedings in the same manner as if this order

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had not been entered.

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IT IS SO ORDERED.

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Dated: 12/30/11
RICHARD SEEBORG

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT JUDGE

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