Lackner v. Digital First Media, Inc

Filing 23

ORDER Suggesting Stipulation of Dismissal Without Prejudice. Signed by Judge Lucy H. Koh on 10/12/12. (lhklc3, COURT STAFF) (Filed on 10/12/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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ZELDA LACKNER,

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Plaintiff,
v.
DIGITAL FIRST MEDIA, INC.,
Defendant.

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Case No.: 12-CV-03243
ORDER SUGGESTING STIPULATION
OF DISMISSAL WITHOUT PREJUDICE

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On August 10, 2012, this case was transferred to the undersigned judge. ECF No. 14. On
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October 2, 2012, Defendant filed a Notice of Automatic Stay pursuant to 11 U.S.C. § 362. ECF
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No. 22. Defendant alleges that on September 5, 2012, Digital First Media, Inc., and its parent
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company, the Journal Registry Company, filed a voluntary petition for Chapter 11 bankruptcy
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protection in the United States Bankruptcy Court, Southern District of New York, Case Nos. 1222
13797 (SMB); 12-13774 (SMB). Id. Pursuant to the Bankruptcy Code, a bankruptcy filing
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automatically stays the continuation or commencement of a judicial, administrative, or other
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proceeding filed against the debtor. See 11 U.S.C. § 362(a).
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Accordingly, the Court suggests that the parties stipulate to a dismissal of this case without
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prejudice, and to a tolling agreement on the statute of limitations for any damages and
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counterclaims. By October 19, 2012, the parties shall file a stipulation of dismissal or, if they are
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CASE NO.: 12-CV-03243
ORDER SUGGESTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE

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unable to do so, file a statement informing the Court why this case should not be stayed and

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administratively closed.

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IT IS SO ORDERED.

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Dated: October 12, 2012

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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CASE NO.: 12-CV-03243
ORDER SUGGESTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE