UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 27, 2012
KINGSBURG APPLE PACKERS, INC. DBA KINGSBURG ORCHARDS, ET AL., PLAINTIFFS,
BALLANTINE PRODUCE CO., INC., A CALIFORNIA CORPORATION, ET AL.,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER TO THIRD PARTY PLAINTIFF
JERRY DIBUDUO TO PROVIDE A STATUS REPORT REGARDING HIS CLAIMS
On March 5, 2012, the Court granted Bank of the West's motion to compel arbitration and stay the pending action regarding the "Third Party Complaint" filed by Ballantine Produce, David Albertson, Eric Albertson, and Jerry DiBuduo. (Doc. 282). The Court ordered the parties to file status reports every sixty days until arbitration was completed, and a joint status report within ten days of the arbitration. Id. at 6.
On July 3, 2012, the parties filed a status report informing the Court: "All of the Cross-Claimants excluding Jerry Dibuduo have effectively entered into settlement agreements, which will require the dismissal of the pending cross-claims in this matter. . ." (Doc. 290 at 2). In addition, the parties reported, "Jerry Dibuduo has agreed to file a dismissal with prejudice against Cross- Defendant, Bank of the West, and without prejudice as against Cross-Defendants, John Pelton and 2
Pelton and Associates." Id. Although the parties anticipated such a dismissal would be filed within 3 thirty days (see id.), one has not been filed. 4
Accordingly, Third Party Plaintiff Jerry DiBuduo SHALL provide a
status report regarding his
claims within fourteen days of the date of service of this order, or
in the alternative, file a request for 6 dismissal of his claims in
accordance with the status report filed July 3, 2012. 7 8
IT IS SO ORDERED.
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