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Ristorante v. Ingomar Packing Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 15, 2009

L'OTTAVO RISTORANTE, ET AL., PLAINTIFFS,
v.
INGOMAR PACKING COMPANY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER RE: INTRADISTRICT TRANSFER TO SACRAMENTO

Plaintiffs filed suit in the Eastern District of California, Fresno Division on May 22, 2009, seeking relief from Defendants' allegedly anticompetitive conduct in the sale of processed tomato products, conduct which is the subject of an ongoing criminal investigation in the Sacramento Division of the United States Attorney's Office for the Eastern District of California. See Doc. 1 at ¶1. Five related cases, all arising from the same allegedly anticompetitive conduct, were filed in the Sacramento Division: Four in One Company, Inc. v. SK Foods, L.P., 2:08-cv-03017-MCE-EFB (filed Dec. 12, 2008); Diversified Foods and Seasonings, Inc. v. SK Foods L.P., 2:08-cv-03074-MCE-EFB (filed Dec. 18, 2008); Bruce Foods Corporation v. SK Foods L.P., 2:09-cv-00027-MCE-EFB (filed Jan 5, 2009); Morning Star Packing Company, et al v. SK Foods, 2:09-cv-00208-MCE-EFB (filed Jan. 22 2009); and Cliffstar Corporation v. SK Foods, 2:09-cv-00442-MCE-EFB (filed Feb. 13, 2009).

Under Local Rule 83-123(c) (Reassignment):

Following the filing of a Notice of Related Cases, the Chief Judge or a Judge designated by the Chief Judge may, by special order, reassign either case to any Judge or Magistrate Judge sitting in the Eastern District of California as the situation may dictate. If the Judge to whom the case with the lower or lowest number has been assigned determines that assignment of the cases to a single Judge is likely to effect a savings of judicial effort or other economies, that Judge is authorized to enter an order reassigning all higher numbered related cases to himself or herself.

Appendix A(f)(1) to the Local Rules provides that an action may be reassigned "between Judges on [an] order signed by the transferring and accepting Judges as approved by the Court." Here, transfer of this, sixth related case to the undersigned District Judge, to whom the five other related cases are assigned, "is likely to effect a savings of judicial effort" and/or "other economies." Accordingly, upon agreement and concurrence of the transferring Judge, it is hereby ORDERED that this matter is transferred to the Sacramento Division of the Eastern District of California.

IT IS SO ORDERED

Oliver W. Wanger, Concurring United States District Judge

20090715

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