Escobar-Rivera v. 99 Cents Only Stores, LLC ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Maria Antonieta Escobar-Rivera, Case No. 2:22-cv-01705-CDS-EJY 5 Plaintiff Order Staying Case and Denying Plaintiff’s Motion to Strike and Defendant’s Motion 6 v. for Summary Judgment 7 99 Cents Only Stores, LLC, [ECF Nos. 22, 23] 8 Defendant 9 10 On April 12, 2024, defendant 99 Cents Only Stores, LLC filed a notice indicating that it 11 filed a voluntary petition for relief in the United States Bankruptcy Court for the District of 12 Delaware under chapter 11 of title 11 of the United States Code. ECF No. 29. “The automatic stay 13 is self-executing, effective upon the filing of the bankruptcy petition.” Burton v. Infinity Capital 14 Mgmt., 862 F.3d 740, 746 (9th Cir. 2017) (citing 11 U.S.C. § 362(a)). “It applies to almost any type 15 of formal or informal action against the debtor or property of the estate.” Id. at 746–47 16 (quotation omitted). When chapter 11 relief is sought, the automatic stay of judicial actions 17 against the bankrupt party expires at “the time [that] a discharge is granted or denied.” 11 U.S.C. 18 § 362(c)(2)(A)–(C). Accordingly, I dismiss plaintiff Maria Antonieta Escobar-Rivera’s motion to 19 strike and 99 Cents Only Stores’ motion for summary judgment without prejudice to the parties’ 20 ability to re-file the motions when the stay is lifted. 21 Conclusion 22 IT IS THEREFORE ORDERED that this action is STAYED pending resolution of the 23 defendant’s bankruptcy proceedings. 24 IT IS FURTHER ORDERED that plaintiff’s motion to strike [ECF No. 22] is DENIED 25 without prejudice. 26 1 IT IS FURTHER ORDERED that defendant’s motion for summary judgment [ECF No. 2|| 23] is DENIED without prejudice. 3 The Clerk of Court is instructed to administratively close this case, to be reopened after the conclusion of the bankruptcy proceedings upon written request and application of the parties and order of this court. “) 6 Dated: April 16, 2024 /, / fo. —— 8 Cristin ‘Wy Silva 9 United States District Judge 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26