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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 PACIFIC BELL TELEPHONE COMPANY et al., 12 Plaintiffs, 13 v. Case No: 3:13-cv-1157-L- KSC ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION TO AMEND JUDGMENT 14 88 CONNECTION CORPORATION, 15 Defendant. 16 17 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. 22 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. 28 -1Case No. 3:15-cv-00165-L-AGS 1 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. 14 Accordingly, Plaintiffs' motion is denied. Denial is without prejudice to 15 filing another motion, if necessary, when the automatic stay is lifted. 16 17 IT IS SO ORDERED. Dated: March 8, 2017 18 19 20 21 22 23 24 25 26 27 28 -2Case No. 3:15-cv-00165-L-AGS

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