Opinion
Case No.: 10-CV-01073-LHK Case No.: 12-CV-05947-LHK
05-14-2013
LAURA GENS, Plaintiff, v. WACHOVIA MORTGAGE CORP., et al., Defendants.
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 reassigned to this Court, Defendants had a pending Motion to Dismiss, ECF No. 10, Motion for Joinder, ECF No. 13, and Motion for Remand, ECF No. 14.
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 Gens, United States Bankruptcy Court for the Northern District of California, Case No. 13-50106-ASW. See ECF NO. 103 ("Notice of Automatic Stay"). The "automatic stay" pursuant to 11 U.S.C. § 362 operated as an automatic stay of the continuation of a "judicial, administrative, or other action or proceeding" against the debtor, 11 U.S.C. § 362(a)(1), as well as an automatic stay 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 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 federal court cases in light of Plaintiff's Chapter 11 bankruptcy case, including whether any stay is currently in effect.
IT IS SO ORDERED.
____________________________
LUCY H. KOH
United States District Judge