J&J Sports Productions, Inc v. Bonilla et al

Filing 10

ORDER Staying Case as to Defendant Fredis Noel Bonilla; and Continuing Case Management Conference. Initial Case Management Conference set for 10/10/2012 02:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge Lucy H. Koh on 7/19/12. (lhklc3, COURT STAFF) (Filed on 7/19/2012)

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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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J & J SPORTS PRODUCTIONS, INC.,
Plaintiff,
v.
FREDIS NOEL BONILLA, individually and
d/b/a TACOS CHOICE; and CHOICE
ENTERPRISE, INC., an unknown business
entity d/b/a TACOS CHOICE,
Defendants.

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Case No.: 5:12-CV-02243-LHK
ORDER STAYING CASE AS TO
FREDIS NOEL BONILLA;
CONTINUING CASE MANAGEMENT
CONFERENCE

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Plaintiff filed a complaint on May 4, 2012, against Defendant Fredis Noel Bonilla
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(“Bonilla”), individually and doing business as Tacos Choice; and Defendant Choice Enterprise
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Inc., an unknown business entity doing business as Tacos Choice. ECF No. 1. On June 11, 2012,
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Plaintiff filed a notice with the Court that Defendant Bonilla has filed a voluntary petition seeking
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bankruptcy protection under chapter 7 of title 11 of the United States Code, 11 U.S.C. § 101 et
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seq., in the United States Bankruptcy Court for the Northern District of California, San Jose
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Division. See ECF No. 5 & Ex. 1. Pursuant to § 362(a) of the Bankruptcy Code, the filing of a
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bankruptcy petition operates as an automatic stay of all pending judicial proceedings. Accordingly,
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this action is STAYED as to Defendant Bonilla pending resolution of the bankruptcy proceedings
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in Bankruptcy Court or until the Bankruptcy Court orders relief from the stay.
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Case No.: 12-CV-02243-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Plaintiff does not appear to have served Defendant Choice Enterprise. Pursuant to Federal

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Rule of Civil Procedure 4(m), Plaintiff must serve all defendants within 120 days of filing the

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complaint. Accordingly, the case management conference presently scheduled for July 25, 2012, is

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continued to October 10, 2012, at 2:00 p.m. Failure to serve Defendant Choice Enterprise within

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120 days of the filing of the complaint will result in dismissal of this action without prejudice

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pursuant to Rule 4(m).

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IT IS SO ORDERED.

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Dated: July 19, 2012

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 12-CV-02243-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE