Western Pacific Produce, Inc. v. Write On Marketing, Inc. et al

Filing 43

ORDER APPROVING STIPULATION RE DISMISSAL OF DEFENDANT ARNULFO DIAZ WITHOUT PREJUDICE AND TURNOVER OF PACA TRUST ASSETS 42 by Judge James V. Selna. Case Terminated. Made JS-6. (es)

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4100 NEWPORT PLACE DRIVE
SUITE 700
NEWPORT BEACH, CALIFORNIA 92660
[phone]
FAX [phone]

LAW OFFICES

RYNN & JANOWSKY

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R. JASON READ, CA State Bar No. 117561
BART BOTTA, CA State Bar No. 167051
RYNN & JANOWSKY, LLP
4100 Newport Place Drive, Suite 700
Newport Beach, CA 92660-2423
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]; [e-mail]
Attorneys for Plaintiff,
WESTERN PACIFIC PRODUCE, INC.

JS-6

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA, SANTA ANA DIVISION
WESTERN PACIFIC PRODUCE, INC., CASE NO. : 8:18-cv-01035-JVS-KES
a corporation,
Assigned to Hon. James V. Selna
Plaintiff,
ORDER APPROVING
v.
STIPULATION RE DISMISSAL
OF DEFENDANT ARNULFO
DIAZ WITHOUT PREJUDICE
WRITE ON MARKETING, INC., a AND TURNOVER OF PACA
California corporation; WRITE ON TRUST ASSETS
MARKETING, INC., a Wyoming
corporation; ARNULFO DIAZ, an FRCP Rule 41(a)(2)
individual, and JOSE SALAZAR, an
[No Hearing Necessary]
individual.
Defendants.

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Having read and considered the Stipulation entered into by and between
Plaintiff WESTERN PACIFIC PRODUCE, INC. (“Western Pacific”) and
Defendant ARNULFO DIAZ (“Mr. Diaz”), an individual, by and through their
respective counsel of record, for Dismissal of Mr. Diaz and turnover of PACA trust
assets, and for good cause appearing therefor,

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IT IS HEREBY ORDERED that Mr. Diaz is hereby dismissed from

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this action, without prejudice, with all parties to bear their own costs and expenses,

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including without limitation attorneys’ fees.

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2.

IT IS FURTHER ORDERED that all Perishable Agricultural

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Commodities Act (“PACA”) [7 U.S.C. §499e et seq.] trust assets subject to this

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Court’s Temporary Restraining Order [Document 14] and/or Preliminary

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Injunction Order [Document 20], including without limitation funds on deposit

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with Wells Fargo Bank, N.A., account number XXXXXX3170, shall be promptly

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turned over by Wells Fargo Bank, N.A. to counsel for Western Pacific Produce by
SO ORDERED.

4100 NEWPORT PLACE DRIVE
SUITE 700
NEWPORT BEACH, CALIFORNIA 92660
[phone]
FAX [phone]

LAW OFFICES

check payable to “Rynn & Janowsky, LLP Client Trust Account.”

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RYNN & JANOWSKY

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DATED: October 2, 2018
By:
HON. JAMES V. SELNA
U.S. DISTRICT COURT JUDGE

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