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Fischer v. Zespri Fresh Produce North America

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


May 18, 2009

J.A. FISCHER & JOAN C. FISCHER; JOHN & KAREN YOHANNES; GLEN & JOHANNA WEERHEIM; SAM & SUZANNE ETCHEGARAY; SAM ETCHEGARAY; SAM CROOKSHANKS; DOUG PHILLIPS; FAMOSO GOLD RANCH, LLC; KIWI GOLD CALIFORNIA, LLC; ETCHEGARAY FARMS, LLC; TRIPLE S LAMB FEEDING, CO, LLC; PLAINTIFFS,
v.
ZESPRI FRESH PRODUCE NORTH AMERICA, INC., A WASHINGTON CORPORATION; ZESPRI INTERNATIONAL, LIMITED, BUSINESS FORM UNKNOWN; ZESPRI GROUP LIMITED, BUSINESS FORM UNKNOWN; NEW ZEALAND FRUIT MARKETING, BUSINESS FORM UNKNOWN; ZESPRI FRESH PRODUCE, A CALIFORNIA CORPORATION; ZFP A CALIFORNIA CORPORATION; ZESPRI NORTH AMERICA, A CALIFORNIA CORP.; THE HORTICULTURE AND FOOD RESEARCH INSTITUTE OF NEW ZEALAND, LTD, BUSINESS FORM UNKNOWN; AND DOES 1-50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Otis D. Wright II United States District Court Judge

JUDGMENT

DATE: May 4, 2009

TIME: 1:30 p.m.

CTRM: 11

Honorable Otis D. Wright II U.S. District Court Judge

On May 4, 2009, a Motion for Summary Judgment filed by defendant The Horticulture and Food Research Institute of New Zealand Limited ("HortResearch") came on for hearing before this Court, the Honorable Otis D. Wright II, United States District Court Judge, presiding. Similar Motions for Summary Judgment filed by defendants Zespri Fresh Produce North America, Inc., Zespri Group Limited and Zespri International Limited were also before the Court. In addition, the Court entertained plaintiffs' Motion to Amend the Complaint.

Having carefully reviewed and considered all of the evidence proffered by the parties, as well as the briefing and argument of counsel, the issues having been duly heard and a decision having been duly rendered as set forth in the Court's May 11, 2009 Order [at Docket 99] (the "Court's Order"),

HortResearch's motion for summary judgment is GRANTED. Plaintiffs' Motion for Leave to Amend the Complaint is DENIED.

Accordingly, IT IS ORDERED AND ADJUDGED that Judgment is entered in favor of HortResearch and against plaintiffs J. A. Fischer & Joan C. Fischer; John & Karen Yohannes; Glen & Johanna Weerheim; Sam Etchegaray; Sam Crookshanks; Doug Phillips; Famoso Gold Ranch, LLC; and Kiwi Gold California, LLC (collectively "plaintiffs") on all claims, that plaintiffs shall take nothing from the HortResearch Defendant. The Court's Findings of Fact and Conclusions of Law are stated in the Court's Order and are incorporated by reference as if fully set forth herein.

Costs are awarded to defendant HortResearch in the amount of $____TBD______, jointly and severally, against each and every plaintiff..

IT IS SO ORDERED.

20090518

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