Trustees of the Electrical Workers Health and Welfare Trust et al v. F.A.S.T. Systems, Inc. et al

Filing 22

AMENDED ORDER Denying as moot 19 MOTION to Stay Proceedings. Signed by Judge James C. Mahan on 9/25/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TRUSTEES OF THE ELECTRICAL
WORKERS HEALTH AND
WELFARE TRUST, et al.,

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2:12-CV-148 JCM (CWH)

Plaintiff(s),
v.

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F.A.S.T. SYSTEMS, INC., et al.,
Defendant(s).

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AMENDED ORDER

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Presently before the court is plaintiffs Trustees of the Electrical Workers Health and Welfare

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Trust, et al.’s motion to stay proceedings. (Doc. # 19). The motion seeks to stay proceedings as to

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defendant F.A.S.T. Systems, Inc. pursuant to 11 U.S.C. § 362(a).

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On January 27, 2012, plaintiffs filed a complaint against defendants F.A.S.T. Systems, Inc.

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and Fidelity and Deposit Company of Maryland. (Doc. # 1). The complaint seeks delinquent

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contributions, costs, attorneys’ fees, interest and liquidated damages required by the Employee

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Retirement Income Security Act of 1974 (ERISA), a collective bargaining agreement, and trust

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agreements. On August 17, 2012, F.A.S.T. Systems filed for Chapter 7 Bankruptcy and on

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September 5, 2012, F.A.S.T. Systems filed a notice of bankruptcy with this court. (Doc. # 18). On

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September 17, 2012, plaintiffs filed the instant motion to stay proceedings only as to F.A.S.T.

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Systems.

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James C. Mahan
U.S. District Judge

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“The filing of a petition for bankruptcy operates as an automatic stay of the commencement

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or continuation of any action against a bankrupt debtor or against the property of a bankrupt estate.”

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United States v. Dos Cabezas Corp., 995 F.2d 1486, 1491; see also 11 U.S.C. § 362(a). On

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September 5, 2012, F.A.S.T. Systems filed a notice of bankruptcy in this court. The filing of this

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notice is sufficient to stay proceedings as to the debtor-defendant. Thus, proceedings against F.A.S.T.

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Sytems have been stayed since September 5, 2012.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs Trustees of the

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Electrical Workers Health and Welfare Trust, et al.’s motion to stay proceedings (doc. # 19) be, and

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the same hereby is, DENIED AS MOOT.
DATED September 25, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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