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Rohrer Brothers, Inc., A v. Super Fresh Wholesale Foods

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 12, 2011

ROHRER BROTHERS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
SUPER FRESH WHOLESALE FOODS INC., A CALIFORNIA CORPORATION, HOWARD HARTMAN, JR., AN INDIVIDUAL, AND HOWARD HARTMAN, III, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER GRANTING MOTION TO INTERVENE*fn1

Intervenor-Applicant Greenfield Fresh, Inc. ("Movant") moves to intervene as a Plaintiff in this action, arguing it is entitled to intervene as a matter of right under Federal Rule of Civil Procedure ("Rule") 24(a)(2) or, in the alternative, permissively under Rule 24(b).

Movant attached to its intervention motion a proposed "Intervening Complaint." No party opposes the motion.

Since it is evident that movant may intervene under Rule 24(b), this portion of the motion is granted, and the issue of whether intervention is appropriate under Rule 24(a)(2) is not reached.

Therefore, the Movant has ten days leave from the date on which this order is filed within which to file the proposed "Intervening Complaint" attached to its motion.


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