Giumarra Bros. Fruit Co., Inc et al v. Paradise Produce LLC et al

Filing 35

ORDER. The Court hereby STAYS this case as to Defendant Paradise Produce ONLY, pending either the lifting of the stay or resolution of its bankruptcy proceeding. Defendant Paradise Produce shall file a status report in the instant case, regarding its bankruptcy case and the stay, every 30 days, beginning 9/6/2018. The Court DENIES 34 Plaintiffs' motion and ORDERS all other parties to file a joint proposed discovery plan and scheduling order, no later than 8/13/2018. Signed by Magistrate Judge Nancy J. Koppe on 8/6/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GIUMARRA BROS. FRUIT CO., INC.,
et al.,

Case No.: 2:18-cv-00395-APG-NJK

Plaintiff(s),

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v.

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Order
(Docket No. 34)

PARADISE PRODUCE LLC, et al.,

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Defendant(s).
Pending before the Court is Plaintiffs’ motion to extend the deadline to file a joint proposed

17 discovery plan and scheduling order. Docket No. 34. Plaintiffs submit that Defendants consent
18 to the instant motion. Id. at 3.
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Plaintiffs ask the Court to extend the deadline to file a joint proposed discovery plan from

20 August 4, 2018, to September 5, 2018. Id. at 1-2. Plaintiffs submit that Defendant Paradise
21 Produce LLC (“Paradise Produce”) filed a petition for bankruptcy on June 25, 2018. Id. at 2.
22 Plaintiffs further submit that an extension is warranted because Defendant Paradise Produce’s
23 bankruptcy trustee requires additional time to decide “whether to retain separate counsel or have
24 [Defendant] Paradise Produce’s current counsel continue with litigating Paradise Produce’s
25 counterclaim.” Id. at 3.
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On July 5, 2018, Defendant Paradise Produce filed a notice of bankruptcy. Docket No. 32.

27 In that notice, Defendant Paradise Produce submits that its filing imposed an automatic stay. Id.
28 at 2. Accordingly, the Court hereby STAYS this case as to Defendant Paradise Produce ONLY,
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1 pending either the lifting of the stay or resolution of its bankruptcy proceeding. Defendant Paradise
2 Produce shall file a status report in the instant case, regarding its bankruptcy case and the stay,
3 every 30 days, beginning September 6, 2018. The Court DENIES Plaintiffs’ motion at Docket
4 No. 34 and ORDERS all other parties to file a joint proposed discovery plan and scheduling order,
5 no later than August 13, 2018.
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IT IS SO ORDERED.

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Dated: August 6, 2018
_______________________________
NANCY J. KOPPE
United States Magistrate Judge

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