Opinion
2:12-cv-00766-GEB-KJN
07-05-2012
RONALD HITTLE, Plaintiff, v. THE CITY OF STOCKTON, 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.
ORDER DEEMING CITY OF
STOCKTON'S DISMISSAL MOTION
WITHDRAWN; AND DIRECTING THE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 Therefore, Defendant City of Stockton's dismissal motion is deemed withdrawn.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.
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GARLAND E. BURRELL, JR.
United States District Judge