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C.F.C. ex rel. Christine F. v. Power Balance LLC

United States District Court, N.D. California, San Francisco Division

February 7, 2014

C.F.C., minor, by and through CHRISTINE F., his parent and guardian, on behalf of himself and all others similarly situated, Plaintiff,
v.
POWER BALANCE LLC; a Delaware Limited Liability Company. Defendants.

Mark N. Todzo, Howard Hirsch, LEXINGTON LAW GROUP, San Francisco, CA, Christopher M. Burke, SCOTT SCOTT LLP, San Diego, CA, Attorneys for Plaintiff, C.F.C., a minor, by and through Christine F., his parent and guardian.

REQUEST TO VACATE UPCOMING CASE MANAGEMENT CONFERENCE IN LIGHT OF ONGOING AUTOMATIC STAY UNDER 11 U.S.C. SECTION 362

EDWARD M. CHEN, District Judge.

Plaintiff C.F.C., minor, by and through Christine F., his parent and guardian ("Plaintiff") requests as follows:

WHEREAS, on November 18, 2011, Defendant Power Balance, LLC filed a voluntary Chapter 11 petition for relief in the United States Bankruptcy Court for the Central District of California.

WHEREAS, on November 22, 2011, Power Balance filed a Notice of Pending Chapter 11 Bankruptcy and Notice of Automatic Stay in this court (Dkt. No. 29).

WHEREAS, the Chapter 11 bankruptcy is currently proceeding as Case No. 8:11-25982 and pending before the Honorable Theodore Albert, United States Bankruptcy Judge (the "Bankruptcy Action").

WHEREAS, it appears that the court in the Bankruptcy Action approved Power Balance's Third Amended Chapter 11 Liquidating Plan at a December 19, 2013 hearing, however the order confirming the plan has not yet been entered by the Court.

WHEREAS, Plaintiff's claims will be resolved by the Third Amended Chapter 11 Liquidating Plan, thus Plaintiff intends to dismiss this case once the order confirming the plan has been entered.

WHEREAS, pursuant to Section 362(a) of the Bankruptcy Code, there is currently an ongoing automatic stay over the instant action.

WHEREAS, on November 7, 2013, the Court previously granted Plaintiff's request to vacate the prior Case Management Conference due to the ongoing automatic stay.

Accordingly, in light of the ongoing automatic stay under Bankruptcy Code ยง 362(a) and Plaintiff's intent to dismiss the case, Plaintiff requests that this Court vacate the upcoming Case Management Conference currently scheduled for February 13, 2014, and reset it to a date in April 2014.

PURSUANT TO THE REQUEST, IT IS SO ORDERED AS MODIFIED.


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