1. Case 2:09-ap-01433-BR Doc 29 Filed 07/16/10 Entered 07/16/10 10:17:33 Desc
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1 Penelope Parmes (State Bar No. 104774)
FILED & ENTERED
pparmes@rutan.com
2 Kathryn T. Anderson (State Bar No. 240660) JUL 16 2010
kanderson@rutan.com
3 RUTAN & TUCKER, LLP
611 Anton Boulevard, Fourteenth Floor CLERK U.S. BANKRUPTCY COURT
Central District of California
4 Costa Mesa, California 92626-1931 BY fortier DEPUTY CLERK
Telephone: 714-641-5100
5 Facsimile: 714-546-9035
6 Neil McCabe (Texas Bar No. 13335300)
The O’QUINN LAW FIRM
7 440 Louisiana, Suite 2300
Houston, Texas 77002
8 Telephone: 713-223-1000
Facsimile: 713- 223-0937
9
Attorneys for Plaintiff
10 Virgie Arthur
11
12 UNITED STATES BANKRUPTCY COURT
13 CENTRAL DISTRICT OF CALIFORNIA
14 LOS ANGELES DIVISION
15 In re Case No. 2:09-bk-11995-BR
16 Chapter 7
BONNIE GAYLE STERN, aka BONNIE
17 G. STERN, Adversary No. 2:09-AP-01433-BR
18 Debtor.
ORDER CONTINUING STATUS
19 CONFERENCE
20 VIRGIE ARTHUR,
Date: July 27, 2010
21 Plaintiff Time: 10:00 a.m.
Place: 255 E Temple Street, Ctrm 1668,
22 v. Los Angeles, California 90012
23 BONNIE GAYLE STERN,
24 Defendant
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Case No. 2:09-bk-11995-BR
[PROPOSED] ORDER CONTINUING
STATUS CONFERENCE
2. Case 2:09-ap-01433-BR Doc 29 Filed 07/16/10 Entered 07/16/10 10:17:33 Desc
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1 WHEREAS, on July 30, 2009, this Court entered the following order:
2 (1) that Adversary No. 2:09-AP-01433-BR shall be stayed pending entry of
3 judgment as to both liability and damages against debtor Bonnie Gayle
4 Stern (the “Debtor”) in Virgie Arthur v. Howard K. Stern, et al., Cause
5 No. 2008-24181, in the District Court of Harris County Texas, 280th
6 Judicial District (the “State Court Lawsuit”)1;
7 (2) that a continued Status Conference shall be held at 10:00 a.m. in
8 Courtroom 1668 of the United States Bankruptcy Court located at 255 E
9 Temple Street, Los Angeles, California on October 6, 2009, and
10 thereafter as set by the Court, until judgments for both liability and
11 damages are entered against the Debtor in the State Court Lawsuit, or
12 until otherwise ordered by the Court;
13 (3) Not later than fourteen (14) days prior to each Status Conference, the
14 parties shall submit a Joint Status Report and Plaintiff shall submit a
15 proposed Order continuing the Status Conference approximately ninety
16 (90) days; and
17 (4) No appearance at the Status Conference is necessary until judgment for
18 liability and damages has been entered against the Debtor in the State
19 Court Lawsuit, or until otherwise ordered by the Court;
20 WHEREAS, on July 17, 2009, judgment as to liability only was entered against the
21 Debtor in the State Court Lawsuit;
22 WHEREAS, on September 22, 2009, the parties submitted a Joint Status Report to
23 the Court;
24 WHEREAS, in accordance with the Court’s July 30, 2009 Order, on September 30,
25 2009, the Court continued the October 6, 2009 Status Conference to January 12, 2010;
26
27 1
Virgie Arthur v. Howard K. Stern, et al., Cause No. 2008-24181 has since been
28 transferred to the District Court of Harris County Texas, 80th Judicial District.
Case No. 2:09-bk-11995-BR
[PROPOSED] ORDER CONTINUING
-2- STATUS CONFERENCE
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1 WHEREAS, on December 29, 2009, the parties submitted a Joint Status Report to
2 the Court;
3 WHEREAS, in accordance with the Court’s July 30, 2009 Order, on January 6,
4 2010, the Court continued the January 12, 2010 Status Conference to April 20, 2010;
5 WHEREAS, on April 6, 2010, the parties submitted a Joint Status Report to the
6 Court;
7 WHEREAS, in accordance with the Court’s July 30, 2009 Order, on April 20, 2010,
8 the Court continued the April 20, 2010 Status Conference to July 27, 2010; and
9 WHEREAS, the parties have submitted a Joint Status Report concurrently with this
10 [Proposed] Order;
11 IT IS HEREBY ORDERED that no appearance at the July 27, 2010 Status
12 Conference is necessary. The Status Conference currently set on July 27, 2010 at
13 10:00 a.m. in Courtroom 1668 of the United States Bankruptcy Court located at 255 E
14 Temple Street, Los Angeles, California, shall be continued ninety (90) days to October 26,
15 2010 at 10:00 a.m. in Courtroom 1668 of the United States Bankruptcy Court located at
16 255 E Temple Street, Los Angeles, California.
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DATED: July 16, 2010
26 United States Bankruptcy Judge
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Case No. 2:09-bk-11995-BR
[PROPOSED] ORDER CONTINUING
-3- STATUS CONFERENCE
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1 In re:
CHAPTER: 7
2 BONNIE GAYLE STERN
Debtor(s). CASE NUMBER: 2:09-BK-11995-BR
Adversary No. 2:09-AP-101433-BR
3
NOTE: When using this form to indicate service of a proposed order, DO NOT list any
4 person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are
5 placed on a CM/ECF docket.
6 PROOF OF SERVICE OF DOCUMENT
7
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding.
8 My business address is:611 Anton Boulevard, Fourteenth Floor, Costa Mesa, CA 92626
9 A true and correct copy of the foregoing document described as [PROPOSED] ORDER
CONTINUING STATUS CONFERENCE will be served or was served (a) on the judge
10 in chambers in the form and manner required by LBR 5005-2(d), and (b) in the manner
indicated below:
11
12 I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING
("NEF") - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s)
13 ("LBR"), the foregoing document will be served by the court via NEF and hyperlink to
the document. I checked the CM/ECF docket for this bankruptcy
14 On case or adversary
proceeding and determined that the following person(s) are on the Electronic Mail Notice
15 List to receive NEF transmission at the email addressed indicated below:
16
Service information
17 continued on attached page
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Case No. 2:09-bk-1195-BR
[PROPOSED] ORDER CONTINUING
STATUS CONFERENCE
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1 II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person
or entity served):
2
On July 13, 2010, I served the following person(s) and/or entity(ies) at the last known
3 address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy
thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with
4 an overnight mail service addressed as follow. Listing the judge here constitutes a declaration
that mailing to the judge will be completed no later than 24 hours after the document is
5 filed.
6 The Honorable Barry Russell (By Mail)
U.S. Bankruptcy Court – Los Angeles Division
7 Roybal Federal Building, Ctrm 1668
255 E. Temple Street
8 Los Angeles, CA 90012
9 Theodore K. Roberts (By Mail)
5603 Huntinton Drive North
10 Los Angeles CA 90032
11 Susan I. Montgomery, Esq. (By Mail)
1925 Century Park East, Suite 1150
12 Los Angeles, CA 90067
13 Peter Anderson (By Mail)
United States Trustee (Region 16)
14 725 S. Figueroa Street, Suite 2600
Los Angeles, CA 90017
15
16 Service information
continued on attached page
17 III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR
EMAIL (indicate method for each person or entity
18 served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on
I served the following person(s)and/or entity(ies) by personal delivery, or (for those who
19 consented in writing to such service method) by facsimile transmission and/or email as
follows. Listing the judge here constitutes a declaration that mailing to the judge will be
20 completed no later than 24 hours after the document is filed.
21
Service information
22 continued on attached page
23 I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
24
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July 13, 2010 Angie Spielman /s/ Angie Spielman
26 Date Type Name Signature
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Case No. 2:09-bk-1195-BR
[PROPOSED] ORDER CONTINUING
STATUS CONFERENCE
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In re: CHAPTER: 7
BONNIE GAYLE STERN
CASE NUMBER: 1:09-BK-11995-BR
Debtor(s).
Adversary No. 2:09-AP-01433-BR
ADDITIONAL SERVICE INFORMATION (if needed):
Case No. 2:09-bk-1195-BR
[PROPOSED] ORDER CONTINUING
STATUS CONFERENCE
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In re: BONNIE GAYLE STERN, aka BONNIE G. STERN, Debtor(s). CHAPTER: 7
______________________________________________________
VIRGIE ARTHUR, Plaintiff v. BONNIE GAYLE STERN, Defendant CASE NUMBER:2:09-bk-11995-BR
ADVERSARY NO. 2:09-AP-01433-BR
NOTE TO USERS OF THIS FORM:
1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document.
2) The title of the judgment or order and all service information must be filled in by the party lodging the order.
3) Category I. below: The United States trustee and case trustee (if any) will always be in this category.
4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or attorney) who filed an
opposition to the requested relief. DO NOT list an address if person/entity is listed in category I.
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify) PROPOSED] ORDER CONTINUING
STATUS CONFERENCE was entered on the date indicated as AEntered@ on the first page of this judgment or
order and will be served in the manner indicated below:
I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (ANEF@) B Pursuant to controlling General Order(s)
and Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and
hyperlink to the judgment or order. As of , the following person(s) are currently on the
Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email
address(es) indicated below.
• Kathryn T. Anderson kanderson@rutan.com
• Elissa D. Miller CA71@ecfcbis.com, MillerTrustee@Sulmeyerlaw.com
• Susan I Montgomery susan@simontgomerylaw.com
• Penelope Parmes pparmes@rutan.com
• United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
Service information continued on attached page
II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by
United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated
below:
Service information continued on attached page
III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which
bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp
by U.S. Mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the
following person(s) and/or entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es)
indicated below:
Service information continued on attached page
Case No. 2:09-bk-1195-BR
[PROPOSED] ORDER CONTINUING STATUS
CONFERENCE
8. Case 2:09-ap-01433-BR Doc 29 Filed 07/16/10 Entered 07/16/10 10:17:33 Desc
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In re: BONNIE GAYLE STERN, aka BONNIE G. STERN, Debtor(s). CHAPTER: 7
______________________________________________________
VIRGIE ARTHUR, Plaintiff v. BONNIE GAYLE STERN, Defendant CASE NUMBER:2:09-bk-11995-BR
ADVERSARY NO. 2:09-AP-01433-BR
ADDITIONAL SERVICE INFORMATION (if needed) :
Case No. 2:09-bk-1195-BR
[PROPOSED] ORDER CONTINUING
STATUS CONFERENCE