Unite Here Health v. Titolo et al

Filing 41

ORDER. IT IS HEREBY ORDERED that the parties, or any one of them, must file a STATUS REPORT informing me of the status of Lisa's bankruptcy case no later than 4/18/2018. The Clerk of Court is directed to have the docket reflect that this case is STAYED. Signed by Judge Jennifer A. Dorsey on 1/22/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Unite Here Health, 4 Case No.: 2:15-cv-02160-JAD-NJK Plaintiff 5 6 v. 7 Timothy R. Titolo, et al., 8 Order Confirming Automatic Stay of Case and Setting Deadline for Status Report Defendants 9 And all related matters. 10 The only claims that have not been resolved in this case are Timothy R. Titolo and 11 Timothy R. Titolo, Chtd.’s cross-claims against Timothy’s ex-wife Lisa Titolo for contribution, 12 indemnity, embezzlement, and intentional misrepresentation. 1 The Clerk of Court entered 13 default against Lisa on those cross-claims. 2 Timothy and his law firm then moved for default 14 judgment, 3 but I found several defects in their motion, so I denied it without prejudice to their 15 ability to cure those defects and file a new one. 4 Timothy and the law firm renewed their 16 motion, 5 but then plaintiff Unite Here Health noticed the court that Lisa filed a voluntary petition 17 for bankruptcy under Chapter 7 of the U.S. Bankruptcy Code. 6 I now address that notice. 18 Title 11, section 362 of the U.S. Code automatically stays the continuation of a judicial 19 proceeding against the debtor that seeks to recover a claim against her. 7 Timothy and the law 20 firm’s cross-claims against Lisa, and any further action in this case by Unite Here Health to 21 1 ECF No. 9 (cross-complaint). 2 ECF No. 30. 3 ECF No. 29. 4 ECF No. 35. 5 ECF No. 38. 6 ECF No. 40. In re Lisa Corin Titolo, No. 17-15797 (Bankr. D. Nev. filed Oct. 30, 2017). 7 11 U.S.C. § 362(a). 22 23 24 25 26 27 28 1 1 collect on its judgment against Lisa, fall within 11 U.S.C. § 362’s scope and have been stayed by 2 operation of that statute and the filing of Lisa’s bankruptcy case. The docket in Lisa’s 3 bankruptcy case reflects that case is still pending. To ensure that I stay informed of Lisa’s 4 bankruptcy case and the docket in this case accurately reflects its status, 5 IT IS HEREBY ORDERED that the parties, or any one of them, must file a STATUS 6 REPORT informing me of the status of Lisa’s bankruptcy case no later than April 18, 2018. 7 The Clerk of Court is directed to have the docket reflect that this case is STAYED. 8 Dated: January 22, 2018 _______________________________ U.S. District Judge Jennifer A. Dorsey 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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