Gens v. Wachovia Mortgage Corporation et al

Filing 106

ORDER to File Joint Status Report. Signed by Judge Lucy H. Koh on 5/14/2013. (lhklc3, COURT STAFF) (Filed on 5/14/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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LAURA GENS,
Plaintiff,
v.
WACHOVIA MORTGAGE CORP., et al.,
Defendants.

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Case No.: 10-CV-01073-LHK
12-CV-05947-LHK
ORDER TO FILE JOINT STATUS
REPORT

On January 28, 2013, this Court related Gens v. Cal-Western Reconveyance et al., 12-CV-

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05947-EJD, to the earlier filed Gens v. Wachovia Mortgage Corp. et al., 10-CV-01073-LHK. ECF

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No. 39. At the time that Gens v. Cal-Western Reconveyance et al., 12-CV-05947-EJD, was

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reassigned to this Court, Defendants had a pending Motion to Dismiss, ECF No. 10, Motion for

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Joinder, ECF No. 13, and Motion for Remand, ECF No. 14.

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On February 1, 2013, the United States Bankruptcy Court imposed an automatic stay in the

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Chapter 11 bankruptcy case of Plaintiff Laura Gens (“Plaintiff”), in the matter entitled In re Laura

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Gens, United States Bankruptcy Court for the Northern District of California, Case No. 13-50106-

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ASW. See ECF NO. 103 (“Notice of Automatic Stay”). The “automatic stay” pursuant to 11

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U.S.C. § 362 operated as an automatic stay of the continuation of a “judicial, administrative, or

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other action or proceeding” against the debtor, 11 U.S.C. § 362(a)(1), as well as an automatic stay

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of acts to “collect, assess, or recover a claim” against the debtor arising prior to the application date

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Case No.: 10-CV-01073-LHK
12-CV-05947-LHK
ORDER TO FILE JOINT STATUS REPORT

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for the automatic stay, 11 U.S.C. § 362(a)(6). The automatic stay was to remain in effect until

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April 15, 2013, pending a ruling on Plaintiff’s motion to impose the automatic stay. Notice of

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Automatic Stay at 2.

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By June 3, 2013, the parties shall file a joint status report regarding the status of these

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federal court cases in light of Plaintiff’s Chapter 11 bankruptcy case, including whether any stay is

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currently in effect.

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IT IS SO ORDERED.

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Dated: May 14, 2013

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 10-CV-01073-LHK
12-CV-05947-LHK
ORDER TO FILE JOINT STATUS REPORT