Opinion
NO. CIV. S-08-1543 LKK/DAD.
December 29, 2009
ORDER
By orders issued on June 2, 2009, the court granted summary judgment as to all remaining claims in this case. (Doc. No. 149, available as Intervest Mortg. Investment Co. v. Skidmore, 632 F. Supp. 2d 1005 (E.D. Cal. 2009)), (Doc. No. 150, Intervest Mortg. Investment Co. v. Skidmore, ___ F. Supp. 2d ___ (E.D. Cal. 2009)). On June 25, 2009, plaintiff Intervest requested entry of judgment. (Doc. No. 160.) A week later and before the court could rule on this request, defendants filed a notice of filing of bankruptcy. (Doc. No. 172.) Defendants also filed objections to the request and notices of appeal of the two summary judgment orders. (Doc. Nos. 162, 163, 164.)
It appears to the court that the filing of bankruptcy stays all proceedings in this case pursuant to 11 U.S.C. section 362(a)(1). The court thereby VACATES the pre-trial conference presently set for January 6, 2010 at 3:00 p.m. If either party contends that such a stay is improper or that the court should rule on the request for entry of judgment, that party MAY file, within twenty-one (21) days of the date of this order, a brief not to exceed fifteen (15) pages explaining the party's position. If either party elects to file such a brief, an opposition may be filed no later than fourteen (14) days thereafter.
IT IS SO ORDERED.