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, pursuant to Section 362(a) of the Bankruptcy Code, there is currently an ongoing automatic stay over the instant action.
WHEREAS Dorsey & Whitney, LLP (counsel for the former Defendant Power Balance, LLC) is not counsel to the Debtor and therefore cannot currently appear in this action on the Debtor's behalf. In addition, Dorsey & Whitney, LLP does not have authority to take any position with respect to the Debtor and therefore cannot stipulate to Plaintiff's instant request.
WHEREAS Plaintiff is informed by Garrick Hollander of the law firm Winthrop Couchot, counsel for Power Balance as Debtor in the Bankruptcy Action, that: (1) Power Balance is currently preparing the Debtor's Disclosure Statement; (2) a hearing regarding the Disclosure Statement is set for March 2013; and (3) a hearing regarding confirmation of the Debtor's Chapter 11 Plan of Reorganization is expected to take place in May or June 2013.
WHEREAS, the parties will provide this Court with an additional update on any changes to the status of the Bankruptcy Action if and when they occur.
WHEREAS, on June 20, 2012, the Court previously granted Plaintiff's stipulated 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 § 362(a), Plaintiff requests that this Court vacate the upcoming Case Management Conference currently scheduled for Thursday, February 14, 2013, and reset it to a date after June 2013, which is the expected date for the hearing regarding Power Balance's Chapter 11 Plan of Reorganization.