Case 2:09-ap-01433-BR   Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53   Desc
                             Exhibit A Pa...
Case 2:09-ap-01433-BR             Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                       ...
Case 2:09-ap-01433-BR             Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                       ...
Case 2:09-ap-01433-BR             Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                       ...
Case 2:09-ap-01433-BR             Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                       ...
Case 2:09-ap-01433-BR             Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                       ...
Case 2:09-ap-01433-BR             Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                       ...
Case 2:09-ap-01433-BR                        Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                            ...
Case 2:09-ap-01433-BR                 Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                   ...
Case 2:09-ap-01433-BR                   Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53                                 ...
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Bonnie ex.a - 2009 order staying case

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Bonnie ex.a - 2009 order staying case

  1. 1. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 1 of 10 Exhibit A to Joint Status Report
  2. 2. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 2 of 10 Penelope Parmes (State Bar No. 104774) FILED & ENTERED pparmes@rutan.com Kathryn T. Anderson (State Bar No. 240660) JUL 30 2009 kanderson@rutan.com RUTAN & TUCKER, LLP 611 Anton Boulevard, Fourteenth Floor CLERK U.S. BANKRUPTCY COURT Central District of California Costa Mesa, California 92626-1931 BY fortier DEPUTY CLERK Telephone: 714-641-5100 Facsimile: 714-546-9035 Neil McCabe (Texas Bar No. 13335300) The O'QUINN LAW FIRM 440 Louisiana, Suite 2300 Houston, Texas 77002 Telephone: 713-223-1000 Facsimile: 713- 223-0937 Attorneys for Plaintiff Virgie Arthur UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION In re Case No. 2:09-bk-11995-BR Chapter 7 BONNIE GAYLE STERN, aka BONNIE G. STERN, Adversary No. 2:09-AP-01433-BR Debtor. ORDER STAYING ADVERSARY PROCEEDING PENDING RESOLUTION OF THE STATE COURT VIRGIE ARTHUR, CASE AND CONTINUING STATUS CONFERENCE Plaintiff v. Date: July 14, 2009 Time: 10:00 a.m. BONNIE GAYLE STERN, Place: 255 E Temple Street, Ctrm 1668, Los Angeles, California 90012 Defendant This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9013-3.1 American LegalNet, n•^
  3. 3. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 3 of 10 /// The Status Conference and hearing on plaintiff Virgie Arthur's ("Plaintiff") Motion For Order (1) Declaring That This Court Abstains From Deciding The Claims In The Pending State Court Case And (2) Staying The Adversary Proceeding Pending Resolution Of The State Court Case (the "Motion") came on for hearing on July 14, 2009, in Courtroom 1668 of the United States Bankruptcy Court located at 255 E Temple Street, Los Angeles, California, the Honorable Barry Russell, United States Bankruptcy Court Judge, presiding. The appearances of counsel were stated on the record. The Court, having considered the papers in support of and opposition to the Motion, and the oral argument of counsel, and good cause having been shown, rules as follows: IT IS HEREBY ORDERED that Adversary No. 2:09-AP-01433-BR shall be stayed pending entry of judgment as to both liability and damages against debtor Bonnie Gayle Stern (the "Debtor") in Virgie Arthur v. Howard K. Stern, et al., Cause No. 2008- 24181, in the District Court of Harris County Texas, 280th Judicial District (the "State Court Lawsuit"). IT IS HEREBY FURTHER ORDERED that a continued Status Conference shall be held at 10:00 a.m. in Courtroom 1668 of the United States Bankruptcy Court located at 255 E Temple Street, Los Angeles, California on October 6, 2009, and thereafter as set by the Court, until judgments for both liability and damages are entered against the Debtor in the State Court Lawsuit, or until otherwise ordered by the Court. Not later than fourteen (14) days prior to each Status Conference, the parties shall submit a Joint Status Report and Plaintiff shall submit a proposed Order continuing the Status Conference approximately ninety (90) days. No appearance at the Status Conference is necessary until judgment for liability and damages has been entered against This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9013-3.1 American LegalNet, Inc.
  4. 4. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 4 of 10 the Debtor in the State Court Lawsuit, or until otherwise ordered by the Court. DATED: July 30, 2009 United States Bankruptcy Judge This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9013-3.1 American LegaiNet, Inc.
  5. 5. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 5 of 10 In re: CHAPTER: 7 BONNIE GAYLE STERN Debtor(s). CASE NUMBER: 2:09-BK-11995-BR Adversary No. 2:09-AP-101433-BR NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket. PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, CA 92626 A true and correct copy of the foregoing document described as [PROPOSED] ORDER STAYING ADVERSARY PROCEEDING PENDING RESOLUTION OF THE STATE will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d), and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("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 case On July 21, 2009 or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email addressed indicated below: Kathryn T. Anderson: kanderson@rutan.com Susan I. Montgomery: susan@simontgomerylaw.com United States Trustee (LA): ustpregion16.1a.ecf@usdoj.gov q Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate method for each person or entity served): I served the following person(s) and/or entity(ies) at the last known On July 21, 2009 address(es) in this This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9013-3.1 American LegalNet, Inc.
  6. 6. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 6 of 10 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 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 filed. The Honorable Barry Russell (By U.S. Mail) U.S. Bankruptcy Court — Los Angeles Division Roybal Federal Building, Ctrm 1668 255 E. Temple Street Los Angeles, CA 90012-3332 q Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or I served the following controlling LBR, on person(s) and/or entity(ies) by personal delivery, or (for those who 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 completed no later than 24 hours after the document is filed. q Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. July 21, 2009 Angie Spielman /s/ Angie Spielman Date Type Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9013-3.1 American LegalNet, Inc.
  7. 7. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 7 of 10 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): This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9013-3.1 American LegalNet, Inc. I, ^
  8. 8. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 8 of 10 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 STAYING ADVERSARY PROCEEDING P ENDING RESOLUTION OF THE STATE COURT CASE AND CONTINUING STATUS CONFERENCE was entered on the date indicated as "Entered" 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 ELECTRQNIC FILING ("NEF") - 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 • Susan I Montgomery susan©simontgomerylaw.com • United States Trustee (LA) ustpreglon16.1a.ecf@usdoj.gov q 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: q 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 "Entered" stamp, the party lodging the judgment or order will serve a complete copy bearing an "Entered" 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: q Service information continued on attached page This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9021-1.1 American LegelNet, Inc.
  9. 9. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 9 of 10 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 tri Fieeuelt). This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F9021-1.1 American LegalNet, Inc.
  10. 10. Case 2:09-ap-01433-BR Doc 28-1 Filed 07/13/10 Entered 07/13/10 17:13:53 Desc Exhibit A Page 10 of 10 CERTIFICATE OF NOTICE District/off: 0973-2 User: admin Page 1 of 1 Date Rcvd: Jul 31, 2009 Case: 09-01433 Form ID: pdf031 Total Noticed: 6 The following entities were noticed by first class mail on Aug 02, 2009. aty +Kathryn T Anderson, Rutan & Tucker LLP, 611 Anton Blvd 14th Fl, Costa Mesa, CA 92626-7681 aty +Theodore K Roberts, 5603 Huntinton Dr North, Los Angeles, CA 90032-1325 ust +United States Trustee (LA), 725 S Figueroa St., 26th Floor, Los Angeles, CA 90017-5524 dft Bonnie Gayle Stern, 269 S Beverly Hills Dr # 1247, Beverly Hills, CA 90212 pla +Virgie Arthur, c/o Rutan & Tucker, LLP, 611 Anton Boulevard, 14th Floor, Costa Mesa, CA 92626-7681 The following entities were noticed by electronic transmission on Aug 01, 2009. aty +E-mail/Text: SUSAN@SIMONTGOMERYLAW.COM Susan I Montgomery, Law Office of Susan I Montgomery, 1925 Century Park East Ste 1150, Los Angeles, CA 90067-2712 TOTAL: 1 ***** BYPASSED RECIPIENTS ***** NONE. TOTAL: 0 Addresses marked '+' were corrected by inserting the ZIP or replacing an incorrect ZIP. USPS regulations require that automation-compatible mail display the correct ZIP. I, Joseph Speetjens, declare under the penalty of perjury that I have sent the attached document to the above listed entities in the manner shown, and prepared the Certificate of Notice and that it is true and correct to the best of my information and belief. Meeting of Creditor Notices only (Official Form 9): Pursuant to Fed. R. Bank. P. 2002(a)(1), a notice containing the complete Social Security Number (SSN) of the debtor(s) was furnished to all parties listed. This official court copy contains the redacted SSN as required by the bankruptcy rules and the Judiciary's privacy policies. Date: Aug 02, 2009

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