UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
March 19, 2012
DOBLER & SONS, LLC, ET AL.,
CALIFORNIA ORGANICS, LLC, ET AL.,
OCEANO PACKING COMPANY, ET AL.,
CALIFORNIA ORGANICS, LLC, ET AL.,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER STAYING CASES AND REFERRING CASES TO BANKRUPTCY COURT (re: dkt. #155)
United States District Court For the Northern District of California
On March 14, 2012, California Organics, LLC ("California Organics") filed a "Notice of Removal of Civil Action to the United States Bankruptcy Court." See ECF No. 155. Removal is a 23 procedure for removing state actions to federal court and therefore does not apply here, as the two 24 above-captioned matters are already pending in federal district court. See 28 U.S.C. §§ 1441, 25 1446, 1452. California Organics' improper "Notice of Removal," however, alerted the Court to the 26 fact that on February 9, 2012, California Organics filed a petition for relief under chapter 11 of title of the United States Code, 11 U.S.C. §§ 101, et seq. See ECF No. 155 at 4.
an automatic stay of all pending judicial proceedings. Accordingly, this action is STAYED 3 pending resolution of the bankruptcy proceedings in Bankruptcy Court, and all pending Court 4 deadlines are hereby VACATED, including, specifically, the following in Case No. 10-cv-04092-5
R. Lloyd, see ECF No. 147; (2) Oceano Packing Company, LLC's Motion to Dismiss 7
Manjar, Inc.'s Motion to Dismiss the Cross-Claim of Michael Barnes and California Farms 9
County Organics, LLC; ASA Farms, Inc; and Braga Ranch, Inc.'s Motion for Leave to Amend Plaintiffs' Third Amended Complaint, set for hearing on April 26, 2012, see ECF No. 141; (5) Manjar, Inc.'s Motion for Summary Judgment, or in the Alternative, for Partial Summary (6) Case Management Conference, set for April 26, 2012, see ECF No. 154; as well as the 15 following in Related Case No. 11-cv-00529-LHK: (7) Oceano Packing Company, LLC's Motion 16 for Leave to Amend Plaintiffs' Second Amended Complaint, set for hearing on April 26, 2012, see Summary Judgment, as to Plaintiff Oceano Packing Company, set for hearing on April 26, 2012, 19 see ECF No. 149; (9) Summar Financial, LLC's Application for Determination of Good Faith Conference, set for April 26, 2012, see ECF No. 158.
Furthermore, the Court finds that the two above-captioned matters (1) are civil proceedings related to California Organic's case under title 11, and (2) were pending in the District Court on the 24 date California Organic's title 11 case was filed, and are thus suitable for reference to the 25
Bankruptcy Judges of this District.*fn1 See 28 U.S.C. § 157(a); B.L.R. 5011-1(b). Accordingly, the 26 two above-captioned matters are hereby referred to the Bankruptcy Court. 27
Pursuant to § 362(a) of the Bankruptcy Code, the filing of a bankruptcy petition operates as LHK: (1) Settlement Conference, scheduled for March 22, 2012, before Magistrate Judge Howard Counterclaims by Summar Financial, LLC, set for hearing on April 26, 2012, see ECF No. 118; (3) 8 Investors, LLC, set for hearing on April 26, 2012, see ECF No. 137; (4) Dobler & Sons, LLC; SLO 10 Judgment, as to Dobler & Sons Plaintiffs, set for hearing on April 26, 2012, see ECF No. 146; and 14 ECF No. 134; (8) Manjar, Inc.'s Motion for Summary Judgment, or in the Alternative, for Partial 18 Settlement Pursuant to Cal. Civ. Code § 877, see ECF No. 156; and (10) Case Management
IT IS SO ORDERED.