Rubio v. Madera Community Hospital ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO RUBIO, Case No. 1:23-cv-00262-SAB 12 Plaintiff, ORDER STAYING ALL PROCEEDINGS IN THIS MATTER AGAINST DEFENDANT 13 v. PURSUANT TO 11 U.S.C. § 362, AND VACATING ALL DATES AND MATTERS 14 MADERA COMMUNITY HOSPITAL, INCLUDING JUNE 6, 2023, SCHEDULING CONFERENCE 15 Defendant. (ECF No. 12) 16 17 Antonio Rubio (“Plaintiff”) filed this action on February 17, 2023. (ECF No. 1.) On 18 March 6, 2023, a summons was returned executed indicating Defendant was served on February 19 23, 2023, and that an answer was due on March 16, 2023. (ECF No. 6.) No responsive pleading 20 was filed, nor a request for entry of default. On May 8, 2023, the Court ordered Plaintiff to file a 21 request for entry of default or some other status report with the Court. (ECF No. 11.) On May 22 11, 2023, Plaintiff filed a notice of bankruptcy indicating that on March 10, 2023, Defendant 23 Madera Community Hospital notified Plaintiff’s counsel via e-mail of its bankruptcy filing in the 24 United States Bankruptcy Court for the Eastern District of California, Fresno Division, In re 25 Madera County Community Hospital, E.D. Cal. Bankr. Case No. 23-10-457. (ECF No., 12.) 26 Plaintiff suggests that pursuant to Section 362 of the Bankruptcy Code, all proceedings in this 27 case regarding and relating to Defendant Madera Community Hospital should be stayed pending further order of the Bankruptcy Court. 1 Pursuant to 11 U.S.C. § 362(a), all actions against a defendant who has filed a bankruptcy 2 | petition are automatically stayed once the petition is filed. Sternberg v. Johnston, 595 F.3d 937, 3 | 943 (Oth Cir. 2010). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. All proceedings in this matter, are STAYED pursuant to Section 362(a) of Title 6 11, United States Code; and 7 2. All pending dates and matters, including the scheduling conference currently set 8 for June 6, 2023 (ECF No. 5), are VACATED, and to be reset if the stay of this 9 action is lifted. 10 i IT IS SO ORDERED. DAM Le 12 | Dated: _May 15, 2023 _ Of UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28