NOTICE OF BANKRUPTCY AND JOINT REQUEST FOR ORDER STAYING CASE AND EXTENDING DEADLINES

NANCY J. KOPPE, Magistrate Judge.

Defendant and Counterclaim Plaintiff United States of America (the "United States"), and Plaintiff and Counterclaim Defendant Don J. Blunt ("Blunt"), through their respective counsel, hereby file this NOTICE OF BANKRUPTCY and JOINT REQUEST FOR ORDER STAYING CASE AND EXTENDING DEADLINES.

On December 24, 2012, Blunt filed a complaint seeking a refund of federal income taxes and disputing the Internal Revenue Sendee's assessments made against Blunt under 26 U.S.C. § 6672. ECF No. 1. On March 1, 2013, the United States filed its Answer and Counterclaim against Blunt. ECF No. 9. On March 22, 2013 the United States filed its Amended Answer and Counterclaims against Blunt and against Jennifer Olivas (Pellegrino). ECF No. 11.

On April 2, 2013, Counterclaim Defendant Jennifer Olivas (Pellegrino) filed a voluntary petition under Chapter 7 of the Bankruptcy Code (11 U.S.C) in the United States Bankruptcy Court of District of Nevada, case No. 13-12765-bam (the "Bankruptcy Petition"). Pursuant to 11 U.S.C. § 362(a), filing of a bankruptcy petition operates as a stay of, among other things, "the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor." 11 U.S.C. § 362(a)(1).

The Bankruptcy Petition was filed on April 2, 2013, after the United States named Jennifer Olivas (Pellegrino) as an additional counterclaim defendant in this case, but before she was served with the Counterclaim. No scheduling order has been issued in the case.

The undersigned attorney for the United States has contacted Ms. Olivas' bankruptcy counsel and will inform the Court if and when the automatic stay is lifted in respect to this matter.

WHEREFORE, the United States and Blunt request that this matter be stayed and all pending deadlines be extended until the bankruptcy stay is lifted or modified so as to allow this matter to proceed against Ms. Olivas (Pellegrino). Counsel for the United States will notify the Court within 14 days of any change in status.

ORDER

Pursuant to Title 11, United States Code Section 362,

IT IS HEREBY ORDERED that this matter is stayed and all pending deadlines are extended until the automatic stay in Case No. 13-12765-bam currently pending in the United States Bankruptcy Court of District of Nevada is lifted or modified so as to allow this matter to proceed against Ms. Olivas (Pellegrino).

The Parties shall notify the Court as soon as the stay in Case No. 13-12765-bam is lifted or modified so as to allow this matter to proceed.