Allied World Insurance Company v. Global Metals Corporation et al

Filing 42

ORDER Denying 39 Plaintiff's Motion for Summary Judgment Against Keith Coe. Due to the automatic stay, the Court denies Plaintiff's motion for summary judgment against Keith Coe without prejudice to refiling once the automatic stay i s lifted. The hearing scheduled for June 10, 2016 is vacated. Plaintiff also filed a notice of automatic stay as to Defendant Global Metals Corporation based upon GMC's bankruptcy petition. As such, this case is automatically stayed in its entirety. Signed by Judge Gonzalo P. Curiel on 3/30/16. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ALLIED WORLD INSURANCE
COMPANY, a New Hampshire
corporation,

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Case No.: 3:15-cv-00121-GPC-JMA
ORDER DENYING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT AGAINST KEITH COE

Plaintiff,

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v.

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GLOBAL METALS CORPORATION, a
California corporation; KEITH COE, an
individual,

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[ECF No. 39]

Defendants.

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On March 29, 2016, Plaintiff Allied World Insurance Company (“Plaintiff’) filed a

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notice of automatic stay as to Defendant Keith Coe (“Coe”) based upon the Chapter 7

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bankruptcy petition filed by Coe in the Southern District of California. (ECF No. 41.) The

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United States Bankruptcy Code provides for an automatic stay of a judicial action “against

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3:15-cv-00121-GPC-JMA

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the debtor” that was commenced before the bankruptcy. 11 U.S.C. § 362(a)(1); In re White,

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186 B.R. 700, 703 (9th Cir. 1995). “The automatic stay is self-executing, effective upon

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the filing of the bankruptcy petition.” In re Gruntz, 202 F.3d 1074, 1081 (9th Cir. 2000).

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Due to the automatic stay, the Court DENIES Plaintiff’s motion for summary judgment

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(ECF No. 39) against Keith Coe without prejudice to refiling once the automatic stay is

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lifted. The hearing scheduled for June 10, 2016 is hereby VACATED.

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On February 29, 2016, Plaintiff also filed a notice of automatic stay as to Defendant

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Global Metals Corporation (“GMC”) based upon GMC’s bankruptcy petition. As such,

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this case is automatically stayed in its entirety.

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IT IS SO ORDERED.
Dated: March 30, 2016

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3:15-cv-00121-GPC-JMA