Neborsky v. Valley Forge Composite Technologies, Inc. et al

Filing 79

ORDER Directing Response from Plaintiff. In light of the bankruptcy case's closure, the Court DIRECTS Plaintiff to respond in writing on or before 5/18/2022 whether Plaintiff intends to voluntarily dismiss the action or proceed with the case solely against Defendant Valley Forge. Signed by Judge Michael M. Anello on 5/10/2022. (All non-registered users served via U.S. Mail Service) (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 ROBERT J. NEBORSKY, trustee of the Robert J. Neborsky and Sandra S. Neborsky Living Trust on behalf of himself and all others similarly situated, Case No. 13-cv-2307-MMA (BGS) ORDER DIRECTING RESPONSE FROM PLAINTIFF Plaintiff, 14 15 v. 16 VALLEY FORGE COMPOSITE TECHNOLOGIES, INC., 17 Defendant. 18 19 On September 25, 2013, Plaintiff Robert J. Neborsky (“Plaintiff”) filed the present 20 21 action against Defendants Valley Composite Technologies, Inc. (“Defendant Valley 22 Forge”), Louis J. Brothers (“Defendant Brothers”), Larry K. Wilhide (“Defendant 23 Wilhide”), and Does 1-100. Doc. No. 1. On October 9, 2013, Defendant Valley Forge 24 filed a voluntary petition for Chapter 11 bankruptcy. See Doc. No. 5 at 7. 1 Thus, as of 25 October 9, 2013, the case was automatically stayed as to Defendant Valley Forge 26 pursuant to 11 U.S.C. § 362. See id. 27 28 1 All citations to electronically filed documents refer to the pagination assigned by the CM/ECF system. -1- 13-cv-2307-MMA (BGS) 1 Nonetheless, on October 12, 2013, Defendant Brothers was served individually and 2 on behalf of Defendant Valley Forge as its agent for service of process. Doc. No. 3 at 3; 3 Doc. No. 4 at 3. On January 10, 2017, Defendant Brothers was dismissed from the 4 action, and the case now proceeds only against Defendant Valley Forge. 2 Doc. No. 67 at 5 2. On April 21, 2022, Plaintiff informed the Court that the bankruptcy case closed on 6 October 29, 2021. Doc. No. 78 at 3. 7 In light of the bankruptcy case’s closure, the Court DIRECTS Plaintiff to respond 8 in writing on or before May 18, 2022 whether Plaintiff intends to voluntarily dismiss the 9 action or proceed with the case solely against Defendant Valley Forge. 10 11 IT IS SO ORDERED. Dated: May 10, 2022 12 _____________________________ 13 HON. MICHAEL M. ANELLO United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 The Court notes that Defendant Wilhide was terminated from this action on July 29, 2014. Doc. No. 34. -2- 13-cv-2307-MMA (BGS)

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