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Onions Etc., Inc. v. Z & S Fresh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


February 11, 2010

ONIONS ETC., INC., AND DUDA FARM FRESH FOODS, INC., PLAINTIFFS,
v.
Z & S FRESH, INC., A CALIFORNIA CORPORATION; Z & S DISTRIBUTING COMPANY, INC., A CALIFORNIA CORPORATION; MARTIN J. ZANINOVICH, AN INDIVIDUAL; LOREN SCHOENBURG, AN INDIVIDUAL; MARGE SCHOENBURG, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder U.S. Magistrate Judge

PURSUANT TO COURT ORDER

ORDER AFTER HEARING RE MOTION FOR INTERVENTION [406]

Date: January 20, 2010

TERRENCE J. LONG, TRUSTEE PURSUANT TO COURT ORDER Proposed Intervenor, This Court, having on January 20, 2010, heard argument on the Motion for Intervention field by TERRENCE J. LONG, TRUSTEE PURSUANT TO COURT ORDER

DATED 06/24/2009 (" Trustee ") of the PACA Trust, orders as follows:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the PACA 2 Trust be added as a party to the case Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al., case #1:09-cv-00906-OWW-SMS (the " Pending Lawsuit ").

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Trustee shall file his Complaint in Intervention within seven (7) days of the date this Order is served.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that responses to the Complaint in Intervention shall be due within twenty (20) days of service of the Complaint in Intervention on the Defendants.

PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF FRESNO

I am employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the within action; my business address is 2222 W. Shaw Avenue, Suite 202, Fresno, California 93711.

On February 3, 2010, I served the document(s) described as ORDER AFTER HEARING RE MOTION FOR INTERVENTION on the interested party(ies) in this action by placing true copies thereof enclosed in sealed envelope(s) and/or package(s) addressed as follows:

SEE EXHIBIT "A" FOR MAILING LIST

BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in the affidavit.

BY FACSIMILE: I caused said document(s) to be transmitted by facsimile pursuant to Rule 2.306 of the California Rules of Court. The telephone number of the sending facsimile machine was (559) 447-5600. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. The sending facsimile machine (or the machine used to forward the facsimile) issued a transmission report confirming that the transmission was complete and without error. The date and time of the transmission is set forth in a copy of that report that is attached to this declaration.

BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the offices of the addressee(s).

BY ELECTRONIC MAIL: By filing electronically with the U.S. District Court, Eastern Division, and opting to receive service by electronic mail, service of this document is hereby deemed served.

(State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

(Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on February 3, 2010, at Fresno, California.

MAILING LIST

Lawrence H. Meuers, Esq. Counsel for: Onions, Etc., Inc., Duda Farm Fresh Foods, lmeuers@meuerslawfirm.com Inc., Calavo Growers, Inc., Cecelia Packing Corporation,

Katy Koestner Esquivel APB, Inc., dba Tavilla Sales Company of Los Angeles, kesquivel@meuerslawfirm.com Giumarra Farms, Inc., John A. Clark & Addison W. Clark,

Jr., dba Clark Farms and Rio Vista, Ltd. dba Giumarra of Nogales, Giumarra International, Giumarra Farms, International

Bart Botta, Esq. Counsel for: Big Chuy Distributors & Sons, Inc., Booth

bart@rjlaw.comRanches, LLC, C.H.Distributing, LLC, Cal Fresco, LLC, Divine Flavor, LLC, Epicure Trading, Inc., Fresco

Produce, Inc., Fisher Capespan, USA, LLC, Gemco, Inc, Golden Star Citrus, Inc, King Fresh Produce, LLC, Meyer, LLC, Pandol Bros., Inc., Premium Produce Distributors, Inc., R&C Berndt, Inc., Seald Sweet West, Int'l, Inc., SunFed Produce, LLC, Sunny Cove Citrus, LLC, Sunriver

Trading Company Ltd, Maria Alvarado, Comercial Alfonso Eyzaguirre Y Cia. Ltda, a Chilean corporation,dba Comey Ltda, Fruit Branch, Inc., Kaweah Avenue Properties, LLC, Kirschenman Enterprises Sales, Salvadore Romero, Zimmerman Farms, Inc.

Riley Walter, Esq. Counsel for: Z&S Fresh, Inc. and Martin J. Zaninovich ECF@w2lg.com

Patrick S. Schoenburg, Esq. pschoenburg@wshblaw.com Norman D. Morrison, IV, Esq. NMorrison@w21g.com

Patrick John Gorman, Esq. Counsel for: Visalia Produce Sales, Inc., Four Play pgorman@wctlaw.com Farms, Aron Margosian, George Margosian, Margosian Bros., Three Play Farms, Two Play Farms & ZM Fresh Special T's, Inc.

Devin J. Oddo Counsel for: Del Monte Fresh Produce, N.A. and C.H. djoddo@martynlawfirm.com Robinson Company Timothy Ashley Bennett Counsel for: Jewel Marketing & Agribusiness, LLC, dba tbennett@joneshelsley.com Crown Jewels Timothy Jones, Esq. tjones@joneshelsley.com

Melody A. Hawkins, Esq. mah@lrplaw.net Terence Long PACA Trustee tlong10385@aol.com

Randolf Krbechek, Esq. Counsel for: Schellenberg Farms, Hills Valley rkrbechek@msn.com Transportation, Inc., and William R. Cotner Mandy Jeffcoach, Esq. Counsel for: PACA Trustee mandy.jeffcoach@mccormickbarstow.com Joseph Michael Marchini, Esq. Counsel for: Peters Fruit Farms, Inc. jmarchini@bakermanock.com Christopher Daniel Bell, Esq. cbell@bakermanock.com

Danial Zackary Smith, Esq. Counsel for: Wildwood Produce Sales, Inc. zsmith@visalialaw.com

Steven Koch, Esq. Counsel for: Rick Dreo smk@thecalifornialawyers.com Nathan D. Ide, Esq. Counsel for: Joe W. Russell and Mark L. Pascoe nathan@ndilaw.com

Barry E. Weber, Esq. Counsel for: Larry Gardner barry@barryweberlaw.com Donald Paul Lescoulie, Esq. Counsel for: Jacob Hiebert Lescoulie@sti.net Robert E. Goldman, Esq. Counsel for: Dandrea Produce, Inc. robert@goldmanlaw.com

Leonard Kreinces, Esq. Counsel for: I.G. Fruit, Inc. leonard@kresq.com

Scott J. Ivy, Esq. Counsel for: Fresno-Madera Federal Land Bank sji@lrplaw.net Association, FLCA Robert Porter Lewis, Jr. Counsel for: Del Monte Fresh Produce N.A. and C.H. rpljr@choatelaw.net Robinson Company

John P. Flynn, Esq. Counsel for Loren Schoenburg and Margaret Schoenburg jpf@mcleodwitham.com

Joseph Lewis Horswill, Esq. Counsel for Claimant Diego Lua jlhorswill@tulareesq.com

Via Regular Mail Randy Orlick, Esq. Boghosian Raisin Packing, Inc.

Cox, Castle & Nicholson 726 S. 8th Street 2049 Century Park E., #2800 P.O. Box 338 Los Angeles, CA 90067-3284 Fowler, CA 93625 Pro se

David Blayney, dba Blayney Farms Mark W. Burrell 6596 E. Dinuba Avenue Westmark Group

Fowler, CA 93625 5555 California Ave., Suite 302 Pro se Bakersfield, CA 93309

20100211

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