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Taylor Farms California v. JC Produce

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (Sacramento Division)


January 25, 2010

TAYLOR FARMS CALIFORNIA, ET AL., PLAINTIFFS.
v.
JC PRODUCE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DEFENDANT.
LJ DISTRIBUTORS, INC., A CALIFORNIA CORPORATION, D/B/A TEAM TOMATO PLAINTIFF IN INTERVENTION.
v.
JC PRODUCE, LLC DEFENDANT.
MONTEREY MUSHROOMS, INC.; HENRY AVOCADO CORPORATION; MAUI FRESH INTERNATIONAL, LLC; FRIEDA'S INC.; AND AMBER FOODS, INC. PLAINTIFFS IN INTERVENTION.
v.
JC PRODUCE, LLC DEFENDANT.

Stipulation for Amendment of Complaint and Entry of Judgment Case No. 2:08-CV-02657-LKK-GGH

ORDER AUTHORIZING AMENDMENT OF COMPLAINT TO ADD INDIVIDUAL DEFENDANT, ADD ADDITIONAL PLAINTIFFS, AND FOR ENTRY OF FINAL JUDGMENT EX PARTE Date: N/A Time: N/A Place: 501 "I" Street, 4th Floor Sacramento, CA Courtroom 4 Judge: Hon. Lawrence K. Karlton

The Stipulation to Amend the First Amended Complaint, Complaints in Intervention, and For Entry of Judgment filed by Taylor Farms California, Inc.; Ratto Bros., Inc., Go Fresh Produce, Inc.: Champ's Mushrooms, Inc.; North American Produce; Mountain Meadow Mushrooms, Inc.; Coast Citrus Distributors, Inc., d/b/a Coast Tropical d/b/a Olympic Fruit & Vegetable Distributors; Umina Bros., Inc.; Interfresh, Inc.; Valley Fruit & Produce; Taylor Farms Pacific, Inc; Jacob Malcolm & Burtt; Bay Area Herbs & Specialties, LLC; Progressive Produce Corporation; Bay Area Produce, Inc.; Davalan Sales, Inc.; Forest Mushroom Food, Inc.; Fruit Distributing Corporation; and Underwood & Wong Produce, Inc., plaintiffs (collectively "Taylor Farm Plaintiffs"); LJ Distributors, Inc., plaintiff in intervention ("LJ Plaintiff in Intervention"); Monterey Mushrooms, Inc.; Henry Avocado Corporation; Maui Fresh International, LLC; Frieda's, Inc.; and Amber Foods, Inc. plaintiffs in intervention ("Monterey Plaintiffs in Intervention"); JC Produce, LLC, defendant, and James P. Lennane, a defendant to be named in the Second Amended Complaint have filed their Stipulation to the amendment of the First Amended Complaint for the add James P. Lennane as a party defendant under the Second Cause of Action and the entry of a judgment. Upon the review of the Stipulation executed by all parties to this action, the files in this case, the prior orders of this Court and good cause appearing;

IT IS ORDERED that the Stipulation to amend the Second Cause of Action of the First Amended Complaint filed by the Taylor Plaintiffs, Count 1 of the LJ Complaint in Intervention, and Counts 1 and 2 of the Monterey Plaintiffs Complaint in Intervention to name James P. Lennane as a defendant is granted;

IT IS FURTHER ORDERED that the Stipulation to amend the Complaint in Intervention filed by LJ Distributors, Inc. to add Pro*Act, LLC as an additional Plaintiff in intervention is granted. Pro*Act, LLC is represented in this case by the law firm McCarron & Diess, through attorneys Steven McCarron and Maria Simon, and has made a general appearance in this case through the Stipulation.

IT IS FURTHER ORDERED that the Stipulation to amend the Complaint in Intervention filed by the Taylor Farms Plaintiffs to add Davalan Sales, Inc., Forest Mushroom Food, Inc., Fruit Distributing Corporation; and Underwood & Wong Produce, Inc. as additional Plaintiffs is granted, and these additional Plaintiffs are represented by Rynn & Janowsky, LLP, counsel for the other Taylor Farms Plaintiffs in this Action.

IT IS FURTHER ORDERED THAT the Taylor Plaintiffs First Amended Complaint, LJ Complaint in Intervention, and the Monterey Plaintiffs Complaint in Intervention are each deemed to be respectively amended pursuant to this Order without the Plaintiffs and the Plaintiffs in Intervention filing any further amendments to the pleadings in this case; and

IT IS FURTHER ORDERED THAT judgment shall be entered in favor of the Plaintiffs and Plaintiffs in Intervention against defendants JC Produce, Inc. and James P. Lennane as set forth in the Stipulation.

20100125

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