Summary
The United States District Court for the Central District of California orders the parties to show cause why the entire case should not be stayed after Tedder Industries, LLC filed for Chapter 11 bankruptcy. The court explains that the automatic stay applies to claims against Tedder but not to Tedder’s counterclaims or Tax Resolution Plus, Inc.’s crossclaim, while noting the court’s discretion to stay the case in its entirety for judicial economy.
Holdings
- The automatic stay triggered by Tedder's bankruptcy filing applies to Silverman's claims against Tedder in its capacity as a defendant, but it does not extend automatically to Tedder's counterclaims or Tax Resolution Plus, Inc.'s crossclaim.
- The court has broad discretion to stay the entire action as an exercise of its inherent authority to control its docket, and ordered the parties to show cause why such a stay should not issue.
Questions Presented
- Whether Tedder's Chapter 11 bankruptcy filing automatically stayed all claims and proceedings in the action, including Tedder's counterclaims and Tax Resolution Plus, Inc.'s crossclaim.
- Whether the district court should exercise its inherent docket-control authority to stay the entire action notwithstanding the limited scope of the automatic stay.
Disposition
other
Cases Cited (4)
- In re Palmdale Hills Prop., LLC, 423 B.R. 655, 663 (B.A.P. 9th Cir. 2010)(followed)
- In re Palmdale Hills Prop., LLC, 654 F.3d 868, 875 (9th Cir. 2011)(followed)
- Clinton v. Jones, 520 U.S. 681, 706 (1997)(followed)
- Beardsley v. All Am. Heating, Inc., No. C05-1962P, 2007 WL 1521225 (W.D. Wash. May 22, 2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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