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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
United States District Court
Northern District of California
9
SAN JOSE DIVISION
12
13
MARITES MONTEMAYOR GARCIA,
Case No. 14-cv-01806-BLF
Plaintiff,
14
v.
ORDER REGARDING MOTION FOR
SUMMARY JUDGMENT
15
16
17
CREDITORS SPECIALTY SERVICE,
INC., et al.,
Defendants.
18
19
Before the Court is Plaintiff’s motion for summary judgment against both Defendants.
20
Defendants’ opposition was due on August 18, 2016. Defendants did not oppose Plaintiff’s
21
motion within the time provided and still have not filed an opposition. Defendants did not move
22
this Court to extend the deadline to oppose, either. On August 19, 2016, Defendants notified the
23
Court of the bankruptcy filing of Defendant Creditors Specialty Service, Inc. and sought to stay
24
this action. ECF 94; 11 U.S.C. § 362. Section 362 of the Bankruptcy Code stays claims only
25
against the bankrupt party, Creditors Specialty Service, Inc., but does not stay claims brought by
26
Plaintiff against the other Defendant, Charles Stanley, Jr. See Boucher v. Shaw, 572 F.3d 1087,
27
1092 (9th Cir. 2009). Having received no opposition from Defendant Stanley, the Court finds the
28
matter appropriate for submission without oral argument. Civ. L.R. 7-11(b). Accordingly, the
1
Court VACATES the hearing scheduled for September 29, 2016, and will proceed to review
2
Plaintiff’s motion for summary judgment against Defendant Stanley.
3
4
IT IS SO ORDERED.
5
6
7
8
Dated: September 19, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?