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Laura Gens v. Wachovia Mortgage Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 14, 2013

LAURA GENS,
PLAINTIFF,
v.
WACHOVIA MORTGAGE CORP., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER TO FILE JOINT STATUS REPORT

On January 28, 2013, this Court related Gens v. Cal-Western Reconveyance et al., 12-CV- 05947-EJD, to the earlier filed Gens v. Wachovia Mortgage Corp. et al., 10-CV-01073-LHK. ECF No. 39. At the time that Gens v. Cal-Western Reconveyance et al., 12-CV-05947-EJD, was 19 reassigned to this Court, Defendants had a pending Motion to Dismiss, ECF No. 10, Motion for 20 Joinder, ECF No. 13, and Motion for Remand, ECF No. 14. 21

On February 1, 2013, the United States Bankruptcy Court imposed an automatic stay in the Chapter 11 bankruptcy case of Plaintiff Laura Gens ("Plaintiff"), in the matter entitled In re Laura 23 Gens, United States Bankruptcy Court for the Northern District of California, Case No. 13-50106-24 ASW. See ECF NO. 103 ("Notice of Automatic Stay"). The "automatic stay" pursuant to 11 25 U.S.C. § 362 operated as an automatic stay of the continuation of a "judicial, administrative, or 26 other action or proceeding" against the debtor, 11 U.S.C. § 362(a)(1), as well as an automatic stay 27 of acts to "collect, assess, or recover a claim" against the debtor arising prior to the application date for the automatic stay, 11 U.S.C. § 362(a)(6). The automatic stay was to remain in effect until 2 April 15, 2013, pending a ruling on Plaintiff's motion to impose the automatic stay. Notice of Automatic Stay at 2.

By June 3, 2013, the parties shall file a joint status report regarding the status of these 5 federal court cases in light of Plaintiff's Chapter 11 bankruptcy case, including whether any stay is 6 currently in effect. 7

IT IS SO ORDERED.

20130514

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