Aurora v. Sheely

Filing 51

ORDER TO SHOW CAUSE directing parties to show cause within seven (7) days of this order as to why this matter stay should not be lifted; why Plaintiff's motion for judgment 43 should not be replaced on this Court's motion calendar or why this case should not be closed. Signed by Judge Ricardo S Martinez. (PM) cc: Patrick Sheely and Thomas Neeleman via U.S. Mail

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 “AURORA”, 9 Case No. C16-1358RSM Plaintiff, 10 v. 11 ORDER TO SHOW CAUSE PATRICK ALLEN SHEELY, 12 Defendant. 13 14 On June 22, 2017, Plaintiff informed the Court that it had received notice of Chapter 7 15 bankruptcy proceedings involving Defendant.1 Dkt. #46. Thus, it appeared that the matter was 16 subject to an automatic bankruptcy stay. As a result, the Court ordered that the case be stayed, 17 and directed the parties to promptly notify the Court when the bankruptcy proceedings had 18 19 concluded and/or if the status of the automatic stay changed for other reasons. Dkt. #48. The 20 Court also removed Plaintiff’s pending motion for judgment (Dkt. #43) from the Court’s motion 21 calendar. Id. 22 23 There has been no further communication from the parties in this matter for nearly one year. However, the Court is now aware that Defendant’s bankruptcy proceedings concluded in 24 25 26 September of 2017, and it appears that his bankruptcy action was closed in October of 2017. See In re Sheely, Bankruptcy Case No. 17-12590-MLB. 27 28 1 Defendant himself had not provided notice to this Court of the bankruptcy proceedings. ORDER PAGE - 1 1 2 Accordingly, the parties SHALL SHOW CAUSE no later than seven (7) days from the date of this Order: 3 1. Why the stay in this matter should not be lifted; and 4 2. Why Plaintiff’s motion for judgment (Dkt. #43) should not be replaced on this Court’s 5 motion calendar or why this case should not be closed. 6 7 3. The Clerk SHALL forward a copy of this Order via U.S. Mail to Defendant at the following address: 8 Patrick Allen Sheely 21105 21st West Lynnwood, WA 98036 9 10 11 and to Defendant’s bankruptcy counsel: 12 Thomas D. Neeleman Attorney At Law 1904 Wetmore Ave., Suite 200 Everett, WA 98201 13 14 15 16 DATED this 29 day of May, 2018. 17 18 A 19 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 ORDER PAGE - 2

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