C&G Farms, Inc. v. Kenton Shank et al

Filing 171

JUDGMENT by Judge George H. King. IT IS HEREBY ADJUDGED that Plaintiff's claims under the Perishable Agricultural Commodities Act ("PACA") and state law claims to the extent premised on PACA are DISMISSED with prejudice. Shank's c ounterclaim is DISMISSED as moot. Celtic and Commercewest's cross-claims (asserting state law claims) and any remaining state law claims in the Complaint are DISMISSED without prejudice to their reassertion in state court. 28 U.S.C. § 1367( c)(3). Based on our August 18, 2010 Order approving the settlement agreement between Plaintiff and Defendant Sally Coleman ("Coleman"), IT IS HEREBY ADJUDGED that Plaintiff's claims against Coleman are DISMISSED with prejudice. Based on our August 26, 2010 Order dismissing Defendant Richard Bennett ("Bennett") pursuant to a settlement agreement, IT IS HEREBY ADJUDGED that Plaintiffs claims against Bennett are DISMISSED with prejudice. (MD JS-6, Case Terminated). (lom)

C&G Farms, Inc. v. Kenton Shank et al

Doc. 171

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Based on our December 16, 2010 Order granting Defendants Kenton Shank ("Shank"), Celtic Capitol Corporation ("Celtic"), and Commercewest Bank's ("Commercewest") Motion for Summary Judgment against Plaintiff C&G Farms, Inc. ("Plaintiff"), IT IS HEREBY ADJUDGED that Plaintiff's claims under the Perishable Agricultural Commodities Act ("PACA") and state law claims to the extent premised on PACA are DISMISSED with prejudice. Shank's counterclaim is DISMISSED as moot. Celtic and Commercewest's cross-claims (asserting state law claims) and any remaining state law claims in the Complaint are DISMISSED without prejudice to their reassertion in state court. 28 U.S.C. § 1367(c)(3). C&G Farms, Inc., ) ) ) Plaintiff, ) v. ) ) Kenton Shank, et al., ) ) Defendants. ) ) ) ) ) ) ) ) _______________________________ ) CASE NO. CV 09-7633-GHK (ANx) JUDGMENT UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA E-FILED 12-17-10 JS-6

Dockets.Justia.com

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Based on our August 18, 2010 Order approving the settlement agreement between Plaintiff and Defendant Sally Coleman ("Coleman"), IT IS HEREBY ADJUDGED that Plaintiff's claims against Coleman are DISMISSED with prejudice. Based on our August 26, 2010 Order dismissing Defendant Richard Bennett ("Bennett") pursuant to a settlement agreement, IT IS HEREBY ADJUDGED that Plaintiff's claims against Bennett are DISMISSED with prejudice. IT IS SO ORDERED. DATED: December 16, 2010 _______________________________ GEORGE H. KING United States District Judge

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