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Abbate Family Farms Limited Partnership v. Leo L. Cotella & Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO


April 8, 2010

ABBATE FAMILY FARMS LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP PLAINTIFF,
v.
LEO L. COTELLA & CO., INC., A CALIFORNIA CORPORATION; DONALD N. RATTO, AN INDIVIDUAL; BENEDETTO RATTO, JR., AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Honorable Jeffrey S. White

[PROPOSED] ORDER STAYING ENTIRE ACTION PENDING RESOLUTION OF DEFENDANT LEO L. COTELLA & COMPANY'S BANKRUPTCY PROCEEDING

WHEREAS Defendant Leo L. Cotella & Company (the "Company") filed a Chapter 7 bankruptcy on March 23, 2010, thereby automatically staying Plaintiff's action against the Company;

WHEREAS the liability, if any, of the remaining Defendants, Donald Ratto and Benedetto Ratto (owners of the Company), by virtue of the claims made pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e(c)(5) (hereafter "PACA"), 28 U.S.C. § 1331, and 28 U.S.C. § 1367, is derivative to that of the Company, and can only be determined upon completion of the bankruptcy proceedings;

WHEREAS David C. Lee of the law firm of Fitzgerald Abbott & Beardsley LLP, on behalf of Defendants, and Joseph Choate of the law firm Choate & Choate, on behalf of Abbate Family Farms Limited Partnership, have reached a stipulation to stay the action as to the remaining Defendants pending completion of the bankruptcy proceedings;

WHEREAS it appearing to the satisfaction of the Court that good cause exists to approve the parties' stipulation;

IT IS THEREFORE ORDERED that the action, in its entirety, is stayed pending completion of the bankruptcy proceedings.

IT IS SO ORDERED.

The Clerk of the Court is directed administratively to close the case for statistical purposes. The parties shall notify the Court within ten days of the lifting of the bankruptcy stay, and this matter shall thereafter be reopened.

IT IS SO ORDERED.

20100408

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