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Downey Surgical Clinic, Inc. v. Ingenix

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 6, 2012

DOWNEY SURGICAL CLINIC, INC.
v.
INGENIX, INC., ET AL.

The opinion of the court was delivered by: Present: The Honorable Philip S. Gutierrez, United States District Judge

CIVIL MINUTES - GENERAL

Wendy K. Hernandez Not Present n/a

Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

Not Present

Not Present

Proceedings: (In Chambers) Order to Show Cause

The Plaintiffs in Downey Surgical Clinic, Inc. v. Ingenix, Inc., et al., CV 09-5457 PSG (CTx) filed an Amended Class Action Complaint against various Defendants on May 7, 2010, including Defendants Allied Holdings Employee Welfare Benefit Plan and Allied Holdings, Inc.

Dkt. # 63. On May 31, 2012, counsel for several Defendants filed a notice indicating that an involuntary chapter 11 petition was filed against Defendant Allied Systems Holdings, Inc. (f/k/a Allied Holdings, Inc.) on May 17, 2012. See Dkt. # 142; 11 U.S.C. § 101 et seq.

Under section 362(a), a chapter 11 petition operates as an automatic stay of, inter alia: (1) the commencement or continuation of a "judicial, administrative, or other action or proceeding" against the Debtor (11 U.S.C. § 362(a)(1)); (ii) acts to "obtain possession of property" of the Debtor's estate (11 U.S.C. § 362(a)(3)); and (iii) acts to "collect, assess, or recover a claim" against the Debtor arising prior to the Petition Date (11 U.S.C. § 362(a)(6)). Accordingly, Plaintiffs are ordered to show cause why this action should not be stayed until resolution of Defendant Allied Systems Holdings, Inc.'s pending chapter 11 petition. Plaintiffs may file a response to this OSC no later than September 26, 2012.

IT IS SO ORDERED.

20120906

© 1992-2012 VersusLaw Inc.



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