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John Casaretto Aka Juan Casaretto and v. Coldwell Banker Realty; Keller

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 29, 2011

JOHN CASARETTO AKA JUAN CASARETTO AND GLORIA CASARETTO,
PLAINTIFFS,
v.
COLDWELL BANKER REALTY; KELLER WILLIAMS REALTY; OSCAR MARTINEZ DBA CENTURY MEDALLION LOS GATOS; WILLOW MORTGAGE COMPANY;
VALLEY OF CALIFORNIA, INC, DBA COLDWELL BANKER; TIMOTHY
CONWAY; AND ALEXIS JAN BRIGHAM,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER REGARDING STAY

On April 27, 2011, Plaintiff's counsel filed a letter to the Court stating that Plaintiffs have filed for bankruptcy in Tennessee, and implying that an automatic stay of this case would result.

This is incorrect. Pursuant to the bankruptcy code, a bankruptcy filing stays other actions filed 24 against the debtor, not actions filed by the debtor. See 11 U.S.C. § 362. Accordingly, this case is 25 not presently stayed. As previously ordered by this Court, Plaintiffs shall file the status update 26 regarding how they intend to proceed in this case by May 3, 2011.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110429

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