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Barabino v. Dan Gamel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 14, 2009

ROBERT BARABINO, PLAINTIFF,
v.
DAN GAMEL, INC.; FLEETWOOD ENTERPRISES, INC., FLEETWOOD MOTOR HOMES OF PENNSYLVANIA, INC., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER TRANSFERRING CASE

On April 20, 2009, judgment was entered in this manner against Defendant Dan Gamel, Inc. That judgment left as remaining Defendants in this matter only Fleetwood Enterprises, Inc. and Fleetwood Motor Homes of Pennsylvania, Inc. "Fleetwood").

On or about March 10, 2009, however, both Fleetwood Defendants filed Petitions for Chapter 11 Bankruptcy Relief in the United States Bankruptcy Court for the Central District of California, Case Nos. 6:09-bk-14254 and 6:09-bk-14385, respectively. Those bankruptcy filings operated as an automatic stay of this litigation as against both Fleetwood Defendants.

Given Fleetwood's bankruptcy and the automatic stay in effect, this Court's April 6, 2009 Order directed the Fleetwood Defendants to advise the Court, not later than twenty (20) days after April 6, 2009, why the remaining claims against Fleetwood in this litigation are not related, under 28 U.S.C. § 1409(a) to Fleetwood's Chapter 11 bankruptcy proceedings pending in the Central District of California, and why this case should not be transferred to the Central District for handling as an adversary action pursuant to 28 U.S.C. § 1404(a).

No response was received challenging this contemplated disposition. Given that non-response, and good cause appearing therefor, the Court finds that the remaining claims against Flletwood herein are related, under 28 U.S.C. § 1409(a) to Fleetwood's Chapter 11 bankruptcy proceedings pending in the Central District of California. Consequently, the Court orders that Plaintiff's remaining claims asserted by way of this lawsuit against Fleetwood Enterprises, Inc. and Fleetwood Motor Homes of Pennsylvania, Inc. are transferred to the United States Bankruptcy Court for the Central District of California for handling as an adversary action within the context of the bankruptcy proceedings pending there, Case Nos. 6:09-bk-14254 and 6:09-bk-14385, respectively.

The Clerk of Court is hereby directed to close the case pending here in the Eastern District of California.

IT IS SO ORDERED.

20090714

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