Block v. Garden Fresh Restaurants LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HENDRIK BLOCK, Case No. 1:20-cv-00156-NONE-SAB 12 Plaintiff, ORDER STAYING ALL PROCEEDINGS IN THIS MATTER AGAINST DEFENDANT 13 v. GARDEN FRESH RESTAURANTS LLC 14 GARDEN FRESH RESTAURANTS LLC, et (ECF No. 11) al., 15 Defendants. 16 17 Plaintiff Hendrik Block filed this action on January 30, 2020 against Defendants Garden 18 Fresh Restaurants LLC and Jennie M. Martin. (ECF No. 1) On June 22, 2020, Defendant 19 Garden Fresh Restaurant filed a notice of pending bankruptcy and automatic stay of proceedings. 20 (ECF No. 11.) 21 Pursuant to 11 U.S.C. § 362(a) all actions against a defendant who has filed a bankruptcy 22 petition are automatically stayed once the petition is filed. Sternberg v. Johnston, 559 F.3d 937, 23 943 (9th Cir. 2010). However, a suit against a co-defendant is not automatically stayed by the 24 debtor’s bankruptcy filing. In re Miller, 262 B.R. 499, 503 (9th Cir. 2001). 25 Accordingly, all proceedings in this matter against Defendant Garden Fresh Restaurants 26 LLC are HEREBY STAYED pursuant to Section 362(a). IT IS FURTHER ORDERED that 27 Defendant Garden Fresh Restaurants shall file a notice informing the Court within ten (10) days WAS LOU INE SNOUT tee PIR eee OY ee 1 | of resolution of the bankruptcy action. The scheduling conference set for June 30, 2020, shall 2 | proceed as to the remaining defendant. 3 4 IT IS SO ORDERED. FA. ae 5 | Dated: _ June 23, 2020 . ‘ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28