IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 8, 2011
ANIMAL BLOOD BANK, INC., ET AL., PLAINTIFFS,
ANNE S. HALE, DEFENDANT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On August 3, 2011, plaintiffs Animal Blood Bank, Inc. and Michael and
Patricia Kaufman (the "plaintiffs") filed a "Notice of Filing
Bankruptcy Upon The Record As To Defendant Anne. S. Hale".*fn1
(Dkt. No. 44.) It appears that defendant Hale filed for
Chapter 7 Bankruptcy in January 2011, and thus that the automatic stay
presumably is in effect with regard to this civil action currently
pending against defendant Hale.
Several motions are pending in this case.*fn2 One such motion, plaintiffs' "Motion
To Compel Further Responses To Plaintiffs' Requests For Production And To Compel Compliance With The Court's July 8, 2011 Order," is set for hearing before the undersigned on August 25, 2011. (Dkt. No. 38.) The Pretrial Scheduling Order currently in effect establishes August 31, 2011, as the discovery cutoff date. (Dkt. No. 30.)
Given defendant's apparent Chapter 7 bankruptcy (Dkt. No. 44) and the likelihood that the automatic stay applies to this case, it appears that the undersigned cannot properly hear plaintiffs' motion to compel on August 25, 2011. Given the close proximity of the discovery cutoff date (August 31, 2011), however, to avoid prejudice to plaintiffs, the undersigned will not immediately vacate the August 25, 2011 hearing date.
Instead, the undersigns orders plaintiffs to file a short statement (the "Statement"), no longer than three pages in length, addressing: (a) plaintiffs' position(s) regarding whether defendant Hale's apparent Chapter 7 bankruptcy automatically stays this civil case; and (b) whether plaintiffs contend the undersigned can properly hear plaintiffs' motion to compel on August 25, 2011.*fn3 Defendant may, but is not required to, file her own Statement regarding defendant's positions on these two issues. The Statement(s) shall be filed as soon as possible, but in no event later than August 15, 2011.
After receipt of the Statement(s), the undersigned will issue an order clarifying whether the undersigned will hear plaintiff's motion to compel on August 25, 2011.
IT IS SO ORDERED.