Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al,, No. 1:2009cv00901 - Document 246 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 235 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Anthony W. Ishii on 02/08/2011. (Flores, E)

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Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al, Doc. 246 1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 KINGSBURG APPLE PACKERS, INC., d/b/a KINGSBURG ORCHARDS, et al., 7 Plaintiffs, 8 9 v. 10 11 BALLANTINE PRODUCE CO., INC., et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-CV-00901 AWI JLT ORDER ADOPTING FINDINGS AND RECOMMENDATION [Doc. No. 235] 14 Bank of the West filed a Motion for Determination of Good Faith Settlement on May 21, 15 2010. Defendants Ballantine Produce Co., Inc., David Albertson, Eric Albertson and Jerry DiBuduo 16 filed an opposition on June 7, 2010. Defendant Virgil Rasmussen joined the opposition on June 7, 17 2010. On December 6, 2010, the Magistrate Judge issued Findings and Recommendation 18 recommending that Bank of the West’s Motion for Determination of Good Faith Settlement be 19 GRANTED. The Findings and Recommendation was served on all parties and contained notice that 20 any objections were to be filed within fourteen (14) days of the date of service of the order. No 21 objections were filed. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 23 novo review of the case. Having carefully reviewed the entire file, the Court finds the Findings and 24 Recommendation to be supported by the record and by proper analysis. 25 Accordingly, THE COURT HEREBY ORDERS that: 26 1. The Findings and Recommendation issued December 6, 2010 is ADOPTED IN 27 FULL; and 28 U .S. D istrict C ourt E. D . C alifornia 1 Dockets.Justia.com 1 2. 2 Bank of the West’s Motion for Determination of Good Faith Settlement is GRANTED. 3 4 IT IS SO ORDERED. 5 6 Dated: 0m8i78 February 8, 2011 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia 2

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