New Bankruptcy Opinion: BOARD OF TRUSTEES OF LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA v. SPRINGLINE, INC. – Dist. Court, ND California, 2015

BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and BOARD OF TRUSTEES OF THE LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff,

v.

SPRINGLINE, INC., a California corporation; MICHAEL CHARLES FREDENBURG, an individual, Defendants.

Case No. 3:14-cv-05605-MEJ.

United States District Court, N.D. California, San Francisco Division.

May 22, 2015.

Ronald L. Richman, Susan J. Olson, BULLIVANT HOUSER BAILEY PC, San Francisco, California, Attorneys for Plaintiffs.

NOTICE OF DISMISSAL OF CH. 7 BANKRUPTCY OF SPRINGLINE, INC.; ORDER TO VACATE STAY

MARIA ELENA JAMES, Magistrate Judge.

On May 20, 2015, defendant Springline, Inc. had its second petition for Ch. 7 Bankruptcy dismissed. See Exhibit A attached hereto.

As background, on March 6, 2015, plaintiffs filed their Notice of Ch.7 Bankruptcy of Defendant Springline, Inc.; [Proposed] Order to Stay Action, advising this Court that Defendant Springline, Inc. filed for Ch. 7 bankruptcy protection. See Document 10. On March 6, 2015, this Court ordered the action against Defendant Springline, Inc. stayed pending resolution of the bankruptcy proceeding. See Document 11.

On March 24, 2015, plaintiffs filed their Notice of Notice of Dismissal for Failure to Comply, advising the Court that the bankruptcy court dismissed the Ch. 7 bankruptcy petition of Springline, Inc. See Document 15. On March 25, 2015, this Court issued its Order vacating the stay, allowing plaintiffs to proceed in this action against defendant Springline, Inc. See Document 16.

On April 17, 2015, after Springline, Inc. re-filed its petition for Ch. 7 bankruptcy, plaintiffs filed their Notice of Ch.7 Bankruptcy of Defendant Springline, Inc.; Order to Stay Action. See Document 23. On April 20, 2015, this Court issued its Order staying the pending action against defendant Springline, Inc. See Document 24.

Based on the recent dismissal of Springline, Inc.’s second petition for Ch. 7 bankruptcy, plaintiffs respectfully request that this Court issue an order vacating the stay, allowing plaintiffs to proceed against defendant Springline, Inc. in default

ORDER

The Court, having received the Order and Notice of Dismissal for Failure to Comply dismissing the bankruptcy of Defendant Springline, Inc. and good cause appearing:

IT IS HEREBY ORDERED that the stay is hereby vacated and Plaintiffs may proceed with this action against Defendant Springline, Inc.

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