Block
Block v. Garden Fresh Restaurants LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
HENDRIK BLOCK, Case No. 1:20-cv-00156-NONE-SAB
Plaintiff, ORDER STAYING ALL PROCEEDINGS IN
THIS MATTER AGAINST DEFENDANT
v. GARDEN FRESH RESTAURANTS LLC
GARDEN FRESH RESTAURANTS LLC, et (ECF No. 11) al., 15 Defendants.
17 Plaintiff Hendrik Block filed this action on January 30, 2020 against Defendants Garden 18 Fresh Restaurants LLC and Jennie M. Martin. (ECF No. 1) On June 22, 2020, Defendant 19 Garden Fresh Restaurant filed a notice of pending bankruptcy and automatic stay of proceedings. 20 (ECF No. 11.) 21 Pursuant to 11 U.S.C. § 362(a) all actions against a defendant who has filed a bankruptcy 22 petition are automatically stayed once the petition is filed. Sternberg v. Johnston, 559 F.3d 937, 23 943 (9th Cir. 2010). However, a suit against a co-defendant is not automatically stayed by the 24 debtor’s bankruptcy filing. In re Miller, 262 B.R. 499, 503 (9th Cir. 2001). 25 Accordingly, all proceedings in this matter against Defendant Garden Fresh Restaurants 26 LLC are HEREBY STAYED…