Estate of Derek Valentine v. County of Merced
Estate of Derek Valentine v. County of Merced
Trial Court Opinion
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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 ESTATE OF DEREK VALENTINE, et al., Case No. 1:23-cv-01697-JLT-SAB
12 Plaintiffs, ORDER STAYING PROCEEDINGS IN THIS MATTER AGAINST DEFENDANT 13 v. CALIFORNIA FORENSIC MEDICAL GROUP DBA WELLPATH PURSUANT TO 14 COUNTY OF Merced, et al.,
11 U.S.C. § 36215 Defendants. (ECF No. 55)
16 17 Plaintiffs filed this action on December 8, 2023. (ECF No. 1) The operative first 18 amended complaint asserts claims against Defendants: (1) County of Merced; (2) Merced County 19 Sheriff’s Office; (3) Vernon Warnke; (4) Joel Pena; (5) Emanuel Gutierrez; (6) Bianca Guzman; 20 (7) Diane Rentfrow; (8) George Sziraki; (9) California Forensic Medical Group, doing business 21 as Wellpath (“Wellpath”); (10) Christopher Gaughell; and (11) Alexandrea Reyes. The initial 22 scheduling conference is currently set for March 18, 2025. (ECF No. 53.) 23 On November 19, 2024, Defendant Wellpath filed a notice of bankruptcy and notice of 24 stay indicating that on November 11, 2024, Wellpath filed for bankruptcy in the United States 25 Bankruptcy Court for the Southern District of Texas (Houston Division) for relief under chapter 26 11 of the United States Bankruptcy Code (the “Bankruptcy Code”). (ECF No. 55.) The 27 bankruptcy case is pending under case number 24-90533-(ARP). 1 | filed a bankruptcy petition are automatically stayed once the petition is filed.
11 U.S.C. § 362(a) 2 | (staying “the commencement or continuation, including the issuance or employment of process, 3 | of a judicial, administrative, or other action or proceeding against the debtor that was or could 4 | have been commenced before the commencement of the case under this title, or to recover a 5 | claim against the debtor that arose before the commencement of the case under this title.”); see 6 | also Sternberg v. Johnston,
595 F.3d 937, 943(9th Cir. 2010). Accordingly, all proceedings in 7 | this matter against Defendant Wellpath shall be stayed pursuant to Section 362(a) of Title 11, 8 | United States Code. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. All proceedings in this matter against Defendant California Forensic Medical 11 Group, doing business as Wellpath are STAYED pursuant to Section 362(a) of 12 Title 11, United States Code; and 13 2. Plaintiffs shall provide notice to the Court within thirty (30) days of the 14 conclusion of the bankruptcy action. 15 16 IT IS SO ORDERED. DAM Le 17 | Dated: _November 20, 2024 _ oO ES STANLEY A. BOONE 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28
Reference
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