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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 19, 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

ORDER SETTING STATUS CONFERENCE AND VACATING DEADLINES

In light of Plaintiffs' bankruptcy proceeding, the Trustee of Plaintiffs' estate has now replaced the Plaintiffs as the real party in interest in this case. Moreover, Plaintiffs' counsel is now 23 a potential creditor in Plaintiffs' bankruptcy proceeding. Accordingly, Plaintiffs are ordered to 24 disclose this lawsuit to the Trustee of their estate by May 20, 2011, if they have not already done 25 so. The Court hereby VACATES the pretrial conference and trial dates, currently set for June 1, 26 2011 and June 16, 2011, and sets a status conference on June 16, 2011 at 1:30 p.m. The Court will 27 not proceed with any motions for default or default judgment filed by Plaintiffs' counsel prior to 28 the status conference.

A week before the status conference, the Trustee or Plaintiffs must file the following: (1) legal authority supporting Plaintiffs' assertion that this case may proceed against defendant Conway despite defendant Conway's pending bankruptcy proceeding*fn1 ; (2) legal authority 4 supporting Plaintiffs' assertion that service on defendant Conway by certified and regular mail is 5 proper under Federal Rule of Civil Procedure 4; (3) proof of service for defendant Conway; and (4) 6 a statement of the reasons why Plaintiffs will not seek relief from the stay in defendant Martinez's 7 pending bankruptcy proceeding which appears to have been initiated in 2008.

If the Trustee or Plaintiffs wish to oppose the Motion for Entry of Judgment filed by defendants Coldwell Banker Realty and Alexis Jan Brigham on May 18, 2011, the Court will set an 10 expedited briefing schedule at the June 16, 2011 status conference.

IT IS SO ORDERED.


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