Garcia v. Creditors Specialty Service, Inc.

Filing 96

ORDER REGARDING MOTION FOR SUMMARY JUDGMENT. Signed by Judge Labson Freeman on 9/19/2016. (blflc4S, COURT STAFF) (Filed on 9/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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SAN JOSE DIVISION

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MARITES MONTEMAYOR GARCIA,

Case No. 14-cv-01806-BLF

Plaintiff,
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v.

ORDER REGARDING MOTION FOR
SUMMARY JUDGMENT

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CREDITORS SPECIALTY SERVICE,
INC., et al.,
Defendants.

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Before the Court is Plaintiff’s motion for summary judgment against both Defendants.

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Defendants’ opposition was due on August 18, 2016. Defendants did not oppose Plaintiff’s

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motion within the time provided and still have not filed an opposition. Defendants did not move

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this Court to extend the deadline to oppose, either. On August 19, 2016, Defendants notified the

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Court of the bankruptcy filing of Defendant Creditors Specialty Service, Inc. and sought to stay

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this action. ECF 94; 11 U.S.C. § 362. Section 362 of the Bankruptcy Code stays claims only

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against the bankrupt party, Creditors Specialty Service, Inc., but does not stay claims brought by

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Plaintiff against the other Defendant, Charles Stanley, Jr. See Boucher v. Shaw, 572 F.3d 1087,

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1092 (9th Cir. 2009). Having received no opposition from Defendant Stanley, the Court finds the

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matter appropriate for submission without oral argument. Civ. L.R. 7-11(b). Accordingly, the

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Court VACATES the hearing scheduled for September 29, 2016, and will proceed to review

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Plaintiff’s motion for summary judgment against Defendant Stanley.

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IT IS SO ORDERED.

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Dated: September 19, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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