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Ronald Hittle v. City of Stockton's California

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 5, 2012

RONALD HITTLE,
PLAINTIFF,
v.
CITY OF STOCKTON'S CALIFORNIA, A MUNICIPAL CORPORATION;
ROBERT DEIS, IN HIS OFFICIAL CAPACITY AND AS AN INDIVIDUAL; LAURIE MONTES, IN HER OFFICIAL CAPACITY AND AS AN INDIVIDUAL,
DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER DEEMING DISMISSAL MOTION THE CITY OF STOCKTON, ) WITHDRAWN; AND DIRECTING THE NON-BANKRUPTCY PARTIES TO FILE BRIEFS

Each Defendant's dismissal motion, filed on May 29, 2012, was submitted for decision without oral argument. However, after each motion was submitted, Defendant City of Stockton filed a Notice of Automatic Stay in which it states "[this] case or proceeding is automatically stayed as to [Defendant City of Stockton] under [11 U.S.C. § 362] . .. because of the City's active bankruptcy action in the United States Bankruptcy Court . . . ." (Notice of Automatic Stay 1:19-23.) Therefore, Defendant City of Stockton's dismissal motion is deemed withdrawn.

In light of this bankruptcy notice, each non-bankruptcy party shall file a brief within fourteen days of the date on which this Order is filed, addressing the effect, if any, that the stay has on any non-bankruptcy party. Further, any responsive brief shall be filed within twenty-one days of the date on which this Order is filed.

20120705

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