Judge: Jill Feeney, Case: BC672342, Date: 2023-04-17 Tentative Ruling

Case Number: BC672342    Hearing Date: April 17, 2023    Dept: 30

Department 30, Spring Street Courthouse

April 17, 2023

BC672342

Motion to Be Relieved as Counsel for Defendant K-Mart Corporation 

DECISION

The motion is continued to May 16, 2023 at 1:30 p.m.

The status conference Re: the Bankruptcy of Defendant Kmart set for 8/15/2023 at 8:30 a.m. is advanced to 5/16/2023 at 1:30 p.m.

Additionally, the Court sets an OSC as to Why the Stay of the Case Should Not Be Lifted for 5/16/2023 at 1:30 p.m.

Ms. McCarthy is ordered present at the hearing in addition to counsel for both Plaintiff and Defendant. Defendant Kmart is to inform Ms. McCarthy of the Court’s order.

At least five court days in advance of the hearing Counsel for Kmart must file a statement with the following information: (1) Is there an automatic stay preventing the case from going forward? If so, a copy of the stay must be attached as an exhibit to the pleading. (2) If there is not an automatic stay, is there some other order preventing the case from moving forward? If so, a copy of that order must be attached as an exhibit to the pleading. (3) Is it Kmart’s claim that Plaintiff has no remedy here? (4) Is there a process for Plaintiff to submit a claim in the bankruptcy proceeding? If so, what is that process? (5) Is it possible for Plaintiff to petition the Bankruptcy Court for relief from any order blocking the litigation here? (6) What is Kmart’s position as to what should happen in the case? and (7) Why shouldn’t the stay be lifted?

Moving party to provide notice (including to Ms. McCarthy) and to file proof of service of such notice within five court days after the date of this order.