Lopes et al v. Vieira et al
Filing
393
ORDER Re Motions For Summary Judgment Filed by Downey Brand LLP, signed by Judge Oliver W. Wanger on 6/8/2011. (Gaumnitz, R)
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JAMES R. KIRBY II (SBN 088911)
SEGAL & KIRBY LLP
770 L Street, Suite 1440
Sacramento, CA 95814
Telephone: (916) 441-0828
Facsimile: (916) 446-6003
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Attorneys for Defendant DOW NEY BRAND LLP
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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MANUEL LOPES and MARIANA
LOPES, dba LOPES DAIRY;
RAYMOND LOPES; JOSEPH LOPES
and MICHAEL LOPES, individually and
dba W ESTSIDE HOLSTEIN; ALVARO
MACHADO and TONY ESTEVAM,
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CASE NO. 1:06-CV-01243-OW W -SMS
ORDER RE MOTIONS FOR SUMMARY
JUDGMENT FILED BY DOWNEY
BRAND LLP
Plaintiffs,
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vs.
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GEORGE VIEIRA; MARY VIEIRA;
CALIFORNIA MILK MARKET, a
California Corporation; VALLEY
GOLD, LLC, a California Limited
Liability Company; GENSKEMULDER, LLP a California Limited
Liability Partnership; ANTHONY
CARY; DOW NEY BRAND LLP, a
California Limited Liability Partnership;
CENTRAL VALLEY DAIRYMEN, INC.
a California Food and Agricultural
Nonprofit Cooperative Association, and
DOES 1 through 25, inclusive,
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Place:
Judge:
Department 3
Hon. Oliver W . W anger
Third Amended Complaint
Filed:
November 1, 2010
Trial Date:
August 30, 2011
Defendants
/
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Downey Brand LLP (Downey Brand) moves for summary judgment against
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Plaintiffs Manuel and Mariana Lopes, Raymond Lopes, Joseph and Michael
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Lopes, and Valley Gold LLC. For the reasons stated in detail in the Court’s
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Memorandum Decision of May 17, 2011, the Court rules as follows:
-1Order On Motions For Sum m ary Judgm ent By Downey Brand LLP
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1. Plaintiffs’ request for clarification of the Court’s earlier rulings is DENIED.
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2. Plaintiffs’ offer of proof regarding expert testimony is REJECTED.
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3. Downey Brand’s motions for summary judgment as to Manuel and
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Mariana Lopes, Raymond Lopes, and Joseph and Michael Lopes are GRANTED
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as to claims regarding Valley Gold’s business plan and the Sixth Cause of Action
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of the Third Amended Complaint. The motions are DENIED as to the Fourth,
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Seventh, and Eighth Causes of Action.
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4. Downey Brand’s motion for summary judgment as to the derivative claim
asserted on behalf of Valley Gold is GRANTED.
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SO ORDERED.
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Dated: June 8, 2011
/s/ OLIVER W . W ANGER
United States District Judge
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-2Order On Motions For Sum m ary Judgm ent By Downey Brand LLP
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