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PENSION PLAN FOR PENSION TRUST FUND FOR OPERATING ENGINEERS v. CONSTRUCTION MATERIALS TESTING, INC., 15-cv-05325-DMR. (2017)

Court: District Court, N.D. California Number: infdco20170713a28 Visitors: 10
Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: ORDER LIFTING THE STAY, REOPENING CASE AND SETTING CASE MANAGEMENT CONFERENCE FOR AUGUST 16, 2017 DONNA M. RYU , Magistrate Judge . Plaintiffs filed this action pursuant to the Employee Retirement Income Security Act ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. 1001-1461, to collect withdrawal liability assessed against Defendant Construction Materials Testing, Inc. ("CMT") and Does 1 through 10. Complaint at 2 [Docket No. 1]. Because CMT did
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ORDER LIFTING THE STAY, REOPENING CASE AND SETTING CASE MANAGEMENT CONFERENCE FOR AUGUST 16, 2017

Plaintiffs filed this action pursuant to the Employee Retirement Income Security Act ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. §§ 1001-1461, to collect withdrawal liability assessed against Defendant Construction Materials Testing, Inc. ("CMT") and Does 1 through 10. Complaint at 2 [Docket No. 1]. Because CMT did not respond to the complaint, Plaintiffs moved for default judgment against CMT. Plaintiffs' Motion for Default Judgment [Docket No. 20].

On June 29, 2016, CMT filed for Chapter 11 bankruptcy. See Notice of Chapter 11 Bankruptcy Case [Docket No. 47-1]. Plaintiff thereafter filed a notice of automatic under 11 U.S.C. § 362. See Notice of Automatic Stay under 11 U.S.C. § 362 [Docket No. 47.]

On July 18, 2016, the court stayed this case under 11 U.S.C. § 362 and ordered the Clerk to administratively close the file. See 7/18/16 Order Staying Case [Docket No. 48].

On January 24, 2017, CMT's Chapter 11 bankruptcy case was dismissed. See Exhibit A to Withdrawal of Notice of Automatic Stay ("Withdrawal Notice") [Docket No. 51-1].

On July 11, 2017, Plaintiffs filed a Withdrawal of the Notice of Automatic Stay. See Withdrawal Notice at 1.

In light of the foregoing, the court therefore lifts the stay, orders the Clerk to reopen the case, and sets a Case Management Conference for August 16, 2017 at 1:30 p.m. The Case Management Statement is due no later than August 9, 2017.

Plaintiffs shall serve a copy of this order on Defendant and file proof of service with the court.

IT IS SO ORDERED.

Source:  Leagle

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