CitiMortgage, Inc. v. MDGGG Trust

Filing 82

ORDER Re: 81 Status Report. This action is STAYED pending termination of Defendant Alessi's bankruptcy proceeding. Defendant Alessi shall notify the court of the termination of its bankruptcy proceeding within 14 days following termination thereof. Signed by Judge James C. Mahan on 2/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CITIMORTGAGE, INC.,

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Plaintiff(s),

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Case No. 2:15-CV-154 JCM (VCF)
ORDER

v.
MDGGG TRUST,

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Defendant(s).

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Presently before the court is CitiMortgage, Inc. v. MDGGG Trust et al, case number 2:15cv-00154-JCM-VCF.

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On February 3, 2017, defendant Alessi & Koenig, LLC, (“Alessi”) filed a notice of

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bankruptcy. (ECF No. 74). Pursuant to 11 U.S.C. § 362, defendant Alessi’s bankruptcy petition

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operates as an automatic stay on claims brought against it in the instant action. See 11 U.S.C. §

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362(a).

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On January 19, 2018, the parties filed a joint status report. (ECF No. 81). Per the joint

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status report, Alessi is still in bankruptcy. Id. The outstanding claims against defendant MDGGG

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Trust have been dismissed by court order, and adjudication of the remaining claims in the action

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would violate the automatic stay. See id. (“Plaintiff has not obtained relief from the automatic stay

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imposed by the bankruptcy code. . . . Plaintiff believes it is unable to pursue its remaining unjust

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enrichment claim or mediation pursuant to NRS 38.31 [sic] until [Alessi’s] bankruptcy is

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resolved.”).

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Accordingly,

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IT IS HEREBY ORDERED that this action is STAYED pending termination of defendant

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James C. Mahan
U.S. District Judge

Alessi’s bankruptcy proceeding.

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IT IS FURTHER ORDERED that defendant Alessi shall notify the court of the termination
of its bankruptcy proceeding within fourteen (14) days following termination thereof.
IT IS FURTHER ORDERED that following notification of termination of defendant’s
bankruptcy proceeding, the court will issue further orders as required.

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Accordingly,

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IT IS SO ORDERED.

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DATED February 12, 2018.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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