Zavala v. Camarena

Filing 6

Order by Hon. Lucy H. Koh Staying Case.(lhklc2S, COURT STAFF) (Filed on 4/10/2017)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
SAN JOSE DIVISION

United States District Court
Northern District of California

11
12

VICENTE ZAVALA,
Plaintiff,

13
14
15
16

Case No. 17-CV-00980-LHK
ORDER STAYING CASE

v.
HAWARD CAMARENA,
Defendant.

17
18

On February 24, 2017, Vicente Zavala (“Zavala”) filed in this Court a notice of appeal

19

from Bankruptcy Court. ECF No. 1. On April 3, 2017, Zavala notified the Court that he intends to

20

file a petition for permission to appeal the order of the Bankruptcy Court directly to the United

21

States Court of Appeals for the Ninth Circuit. ECF No. 4. Therefore, in the interest of judicial

22

economy, the Court hereby STAYS the instant case until the Ninth Circuit Court of Appeals rules

23

on Zavala’s petition for permission to appeal. See 28 U.S.C. § 158(d)(2)(D) (“An appeal under this

24

paragraph does not stay any proceeding of the bankruptcy court, the district court, or the

25

bankruptcy appellate panel from which the appeal is taken, unless the respective bankruptcy court,

26

district court, or bankruptcy appellate panel, or the court of appeals in which the appeal is pending,

27

issues a stay of such proceeding pending the appeal.”).

28

1
Case No. 17-CV-00980-LHK
ORDER STAYING CASE

1

The parties shall file within one business day any ruling of the Ninth Circuit on Zavala’s

2

petition for permission to appeal. The parties also shall file a joint status report regarding the status

3

of the case by August 10, 2017.

4

The Clerk shall administratively close the case file. This administrative closure does not

5

affect the rights of the parties and is purely for internal court administration purposes.

6

IT IS SO ORDERED.

7
8

Dated: April 10, 2017
______________________________________
LUCY H. KOH
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
Case No. 17-CV-00980-LHK
ORDER STAYING CASE