Pacific Bell Telephone Company et al v. 88 Connection Corporation

Filing 32

ORDER denying without Prejudice 24 Motion to Amend Judgment. Signed by Judge M. James Lorenz on 3/8/2017. (sjt)

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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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11 PACIFIC BELL TELEPHONE
COMPANY et al.,
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Plaintiffs,
13 v.

Case No: 3:13-cv-1157-L- KSC
ORDER DENYING WITHOUT
PREJUDICE PLAINTIFFS'
MOTION TO AMEND
JUDGMENT

14 88 CONNECTION CORPORATION,
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Defendant.

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Pending before the Court is Plaintiffs' motion to amend judgment. Third

18 party Gang Zhao filed an opposition and Plaintiffs replied. Pursuant to Civil Local
19 Rule 7.1.d.1, the motion is decided on written submissions and without oral
20 argument. For the reasons which follow, Plaintiffs' motion is denied without
21 prejudice.
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According to the complaint, Plaintiffs give telephone long-distance

23 providers access to networks so that telephone customers can initiate calls.
24 Plaintiffs are paid "switched access charges" pursuant to federal tariffs for
25 providing this access. They filed this action to collect unpaid switched access
26 charges from Defendant. Because Defendant did not defend and did not make an
27 appearance, Plaintiffs secured a default judgment.
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-1Case No. 3:15-cv-00165-L-AGS

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Plaintiffs filed the pending motion to amend judgment to include

2 Defendant's owner and alleged alter ego Gang Zhao. Shortly after the close of
3 briefing, Mr. Zhao filed a notice of automatic stay issued by the United States
4 Bankruptcy Court for the Northern District of California in case no. 16-bk-31135.
5 (Doc. no. 31.) Title 11 U.S.C. §362 prohibits "the commencement or continuation
6 ... of a judicial ... action or proceeding against the debtor that was or could have
7 been commenced before the commencement of the [bankruptcy proceeding], or to
8 recover a claim against the debtor that arose before the commencement of the
9 [bankruptcy proceeding]," and further prohibits "the enforcement, against the
10 debtor or against property of the estate, of a judgment obtained before the
11 commencement of the [bankruptcy proceeding]." 11 U.S.C. §362(a)(1)&(2). The
12 automatic stay prohibits Plaintiffs from proceeding against Mr. Zhao in this Court
13 at this time.
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Accordingly, Plaintiffs' motion is denied. Denial is without prejudice to

15 filing another motion, if necessary, when the automatic stay is lifted.
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IT IS SO ORDERED.
Dated: March 8, 2017

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-2Case No. 3:15-cv-00165-L-AGS