Bartech Systems International, Inc. v. Mobile Simple Solutions, Inc. et al

Filing 210

ORDER that Defendant's motion to stay ECF No. 204 (Notice of Bankruptcy), filed by Christelle Pigeat is DENIED without prejudice. Any renewed motion must address the proper standards and comply with the Courts Local Rules. Clerk directed to serve this order on Defendant Pigeat by e-mail at [e-mail]. IT IS SO ORDERED. Signed by Magistrate Judge Nancy J. Koppe on 01/23/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARTECH SYSTEMS INTERNATIONAL,

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Plaintiff,
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vs.
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MOBILE SIMPLE SOLUTIONS, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-02422-MMD-NJK
ORDER
(Docket No. 204)

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Presently before the Court is Defendant Pigeat’s filing regarding foreign bankruptcy

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proceedings, which the Court construes as a motion to stay. Docket No. 204. Plaintiff filed a

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response. Docket No. 207. Defendant indicates that she has petitioned the United States Bankruptcy

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Court to recognize her Canadian bankruptcy proceeding. Docket No. 204 at 1. Defendant submits

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that, as a result of this petition, an “automatic stay remains in place against all Estate property.” Id.

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Plaintiff responds that an automatic stay only goes into effect after the United States Bankruptcy

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Court recognizes a foreign proceeding. Docket No. 207 at 3. Plaintiff submits that Defendant has

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not demonstrated that the United States Bankruptcy Court has recognized Defendant’s foreign

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proceeding. Id. at 3-4.

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Defendant makes no showing that the United States Bankruptcy Court has recognized her

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foreign bankruptcy proceeding as the foreign main proceeding. See Docket No. 204 at 1-6. An

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automatic stay as to Defendant Pigeat will not be imposed absent such a showing. 11 U.S.C. §§

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1504, 1509, 1515, 1520; see also Oak Point Partners v. Lessing, No. 11-CV-03328-LHK, 2013 WL

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1703382, at *5 (N.D. Cal. Apr. 19, 2013).

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Accordingly, Defendant’s motion to stay (Docket No. 204), is hereby DENIED without

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prejudice. Any renewed motion must address the proper standards and comply with the Court’s

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Local Rules. The Court INSTRUCTS the Clerk’s Office to serve this order on Defendant Pigeat

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by e-mail at [e-mail].

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IT IS SO ORDERED.

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DATED: January 23, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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