Bartell v. Clark County Collection Service LLC

Filing 22

ORDER Granting Defendant's 21 Motion for Stay. This case is STAYED. Signed by Magistrate Judge George Foley, Jr on 11/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 JENNIFER BARTELL, ) ) Plaintiff, ) ) vs. ) ) CLARK COUNTY COLLECTION ) SERVICE, LLC, ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-01714-RFB-GWF ORDER This matter is before the Court on Defendant’s Motion for Stay (ECF No. 21), filed on 14 November 13, 2017. To date, Plaintiff has not filed an opposition to this motion and the time for 15 opposition has now expired.1 16 Defendant represents that on November 9, 2017, United States Bankruptcy Judge Mike K. 17 Nakagawa issued an order reopening Plaintiff’s bankruptcy so that she could amend her schedules to 18 include her instant claims against Defendant. Defendant asserts that a bankruptcy filing triggers an 19 automatic stay under Section 362 of the Bankruptcy Code and therefore argues that this case should 20 be stayed. See 11 U.S.C.A § 362(a)(3). The Court agrees. Accordingly, 21 IT IS HEREBY ORDERED that Defendant’s Motion for Stay (ECF No. 21) is granted. 22 IT IS FURTHER ORDERED that this case is hereby STAYED. 23 DATED this 28th day of November, 2017. 24 25 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 26 27 28 1 Pursuant to Local Rule 7-2(d), “The failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of the motion.”

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