Morrelli v. Corizon Health, Inc.

• Court: District Court, E.D. California
• Decided: March 1, 2023
• Docket: 1:18-cv-01395
• Status: Unknown

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 BRUCE MORRELLI, et al., Case No. 1:18-cv-01395-JLT-SAB

12 Plaintiffs, ORDER STAYING ALL PROCEEDINGS IN THIS MATTER AGAINST 13 v. DEFENDANT CORIZON HEALTH, INC. AND VACATING MARCH 22, 2023 14 CORIZON HEALTH, INC., et al., HEARING

15 Defendants. (ECF No. 118)

16 17 Plaintiff Bruce Morelli filed this putative class action on October 9, 2018. (ECF No. 1.) 18 On February 15, 2023, Defendant filed a notice of bankruptcy proceedings indicating that on 19 February 13, 2023, Defendant filed a voluntary petition pursuant to 11 U.S.C. §§ 101-1532 in the 20 United States Bankruptcy Court for the Southern District of Texas, Houston Division, under Case 21 No. 23-90086 (CML). (ECF No. 118.) A motion to amend and certify class are currently set for 22 hearing on March 22, 2023. (ECF Nos. 113, 114, 115.) 23 Pursuant to 11 U.S.C. § 362(a), all actions against a defendant who has filed a bankruptcy 24 petition are automatically stayed once the petition is filed. See Eskanos & Adler, P.C. v. Leetien, 25 309 F.3d 1210, 1214 (9th Cir. 2002) (“The plain language of § 362(a)(1) prohibits the 26 continuation of judicial actions.”); Sternberg v. Johnston, 595 F.3d 937, 943 (9th Cir. 2010). 27 /// /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. All proceedings in this matter against Defendant Corizon Health, Inc., have been 3 stayed pursuant to 11 U.S.C. § 362(a); and 4 2. The hearing on Plaintiffs’ motion to amend and motion for class certification, 5 currently set for March 22, 2023, is VACATED, and the motions shall be held in 6 abeyance until the stay is lifted or further order of the Court. 4 8 IT IS SO ORDERED. DAA (e_ 9 | Dated: _March 1, 2023 _ ef 0 UNITED STATES MAGISTRATE JUDGE

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