Taylor Farms California, Inc. et al v. JC Produce, LLC et al, No. 2:2008cv02657 - Document 137 (E.D. Cal. 2010)

Court Description: ORDER Authorizing Amendment of Complaint to Add Individual Defendant, Add Additional Plaintiffs, and For Entry of Final Judgment, signed by Senior Judge Lawrence K. Karlton on 1/25/10: James P. Lennane is added as a defendant; Pro*Act, LLC is added a s an addt'l pltf in intervention; Davalan Sales, Inc., Forest Mushroom Food, Inc., Fruit Distributing Corporation, and Underwood & Wong Produce, Inc. are added as additional pltfs; and The Taylor Plaintiffs' First Amended Complaint, LJ Comp laint in Intervention, and the Monterey Plaintiffs' Complaint in Intervention are each deemed to be respectively amended pursuant to this Order without the Plaintiffs and the Plaintiffs in Intervention filing any further amendments to the pleadings in this case. Judgment shall be entered in favor of the Plaintiffs and Plaintiffs in Intervention against Defendants JC Produce, Inc. and James P. Lennane as set forth in the Stipulation. (Kastilahn, A)

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Taylor Farms California, Inc. et al v. JC Produce, LLC et al 1 2 3 4 5 Doc. 137 HEFNER, STARK & MAROIS, LLP Ronald H. Sargis (CA Bar Assn. No. 105173) 2150 River Plaza Drive, Suite 450 Sacramento, CA 95833-3883 Telephone: (916) 925-6620 Fax No: (916) 925-1127 Email: Rsargis@hsmlaw.com Attorneys fo Defendant JC PRODUCE, LLC 6 7 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (Sacramento Division) 9 10 11 Taylor Farms California, et al., Plaintiffs. v. 12 13 Case No. 2:08-CV-02657-LKK-GGH ORDER AUTHORIZING AMENDMENT OF COMPLAINT TO ADD INDIVIDUAL DEFENDANT, ADD ADDITIONAL PLAINTIFFS, AND FOR ENTRY OF FINAL JUDGMENT JC Produce, LLC, a California limited liability company, 14 Defendant. 15 EX PARTE 16 LJ Distributors, Inc., a California corporation, d/b/a Team Tomato Date: N/A Time: N/A Place: 501 “I” Street, 4th Floor Sacramento, CA Courtroom 4 Judge: Hon. Lawrence K. Karlton 17 Plaintiff in Intervention. 18 v. 19 JC Produce, LLC 20 Defendant. 21 Monterey Mushrooms, Inc.; Henry Avocado Corporation; Maui Fresh International, LLC; Frieda’s Inc.; and Amber Foods, Inc. 22 23 24 Plaintiffs in Intervention. v. 25 JC Produce, LLC 26 Defendant. 27 28 /// 1 Taylor Farms California, Inc. v. JC Produce, LLC Case No. 2:08-CV-02657-LKK-GGH Stipulation for Amendment of Complaint and Entry of Judgment G:\DOCS\Orders For Docketing\LKK\pldg amend complaint and for judgment Order final jc taylor.wpd Dockets.Justia.com 1 The Stipulation to Amend the First Amended Complaint, Complaints in Intervention, and 2 For Entry of Judgement filed by Taylor Farms California, Inc.; Ratto Bros., Inc., Go Fresh 3 Produce, Inc.: Champ’s Mushrooms, Inc.; North American Produce; Mountain Meadow 4 Mushrooms, Inc.; Coast Citrus Distributors, Inc., d/b/a Coast Tropical d/b/a Olympic Fruit & 5 Vegetable Distributors; Umina Bros., Inc.; Interfresh, Inc.; Valley Fruit & Produce; Taylor 6 Farms Pacific, Inc; Jacob Malcolm & Burtt; Bay Area Herbs & Specialties, LLC; Progressive 7 Produce Corporation; Bay Area Produce, Inc.; Davalan Sales, Inc.; Forest Mushroom Food, 8 Inc.; Fruit Distributing Corporation; and Underwood & Wong Produce, Inc., plaintiffs 9 (collectively “Taylor Farm Plaintiffs”); LJ Distributors, Inc., plaintiff in intervention (“LJ Plaintiff 10 in Intervention”); Monterey Mushrooms, Inc.; Henry Avocado Corporation; Maui Fresh 11 International, LLC; Frieda’s, Inc.; and Amber Foods, Inc. plaintiffs in intervention (“Monterey 12 Plaintiffs in Intervention”); JC Produce, LLC, defendant, and James P. Lennane, a defendant 13 to be named in the Second Amended Complaint have filed their Stipulation to the amendment 14 of the First Amended Complaint for the add James P. Lennane as a party defendant under the 15 Second Cause of Action and the entry of a judgment. Upon the review of the Stipulation 16 executed by all parties to this action, the files in this case, the prior orders of this Court and 17 good cause appearing; 18 IT IS ORDERED that the Stipulation to amend the Second Cause of Action of the First 19 Amended Complaint filed by the Taylor Plaintiffs, Count 1 of the LJ Complaint in Intervention, 20 and Counts 1 and 2 of the Monterey Plaintiffs Complaint in Intervention to name James P. 21 Lennane as a defendant is granted; 22 IT IS FURTHER ORDERED that the Stipulation to amend the Complaint in Intervention 23 filed by LJ Distributors, Inc. to add Pro*Act, LLC as an additional Plaintiff in intervention is 24 granted. Pro*Act, LLC is represented in this case by the law firm McCarron & Diess, through 25 attorneys Steven McCarron and Maria Simon, and has made a general appearance in this 26 case through the Stipulation. 27 /// 28 /// 2 Taylor Farms California, Inc. v. JC Produce, LLC Case No. 2:08-CV-02657-LKK-GGH Stipulation for Amendment of Complaint and Entry of Judgment G:\DOCS\Orders For Docketing\LKK\pldg amend complaint and for judgment Order final jc taylor.wpd 1 IT IS FURTHER ORDERED that the Stipulation to amend the Complaint in Intervention 2 filed by the Taylor Farms Plaintiffs to add Davalan Sales, Inc., Forest Mushroom Food, Inc., 3 Fruit Distributing Corporation; and Underwood & Wong Produce, Inc. as additional Plaintiffs 4 is granted, and these additional Plaintiffs are represented by Rynn & Janowsky, LLP, counsel 5 for the other Taylor Farms Plaintiffs in this Action. 6 IT IS FURTHER ORDERED THAT the Taylor Plaintiffs First Amended Complaint, LJ 7 Complaint in Intervention, and the Monterey Plaintiffs Complaint in Intervention are each 8 deemed to be respectively amended pursuant to this Order without the Plaintiffs and the 9 Plaintiffs in Intervention filing any further amendments to the pleadings in this case; and 10 IT IS FURTHER ORDERED THAT judgment shall be entered in favor of the Plaintiffs 11 and Plaintiffs in Intervention against defendants JC Produce, Inc. and James P. Lennane as 12 set forth in the Stipulation. 13 14 15 16 Dated: January 25, 2010 17 18 19 20 21 22 23 24 25 26 27 28 3 Taylor Farms California, Inc. v. JC Produce, LLC Case No. 2:08-CV-02657-LKK-GGH Stipulation for Amendment of Complaint and Entry of Judgment G:\DOCS\Orders For Docketing\LKK\pldg amend complaint and for judgment Order final jc taylor.wpd

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