Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al,

Filing 199

ORDER vacating hearing date of June 21, 2010 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 6/16/2010. (Nazaroff, H)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 The Meuers Group, Stokes Group, Intervening Plaintiff, RJO Produce Marketing, Inc., 20 Bank of the West, and Steve Franson, (collectively the "Movants"), have noticed for hearing and 21 decision an amended joint motion for approval of stipulation and order authorizing receiver to 22 distribute funds with respect to PACA claims. The matter was scheduled for hearing to be held 23 on June 21, 2010. Pursuant to Local Rule 78-230(c), Defendants were required to file either an 24 opposition or a notice of non-opposition no later than June 7, 2010. Defendants failed to do so. 25 Due to Defendants' failure to file a timely opposition or notice of non-opposition, they 26 are in violation of the Local Rules. See 78-230(c). Defendants are further not entitled to be 27 heard at oral argument in opposition to the motion. See 78-230(c). The court has reviewed the 28 KINGSBURG APPLE PACKERS, INC., dba KINGSBURG ORCHARDS, et al. ) ) ) Plaintiffs, ) ) v. ) ) BALLANTINE PRODUCE CO., INC., ) et al., ) ) Defendants. ) ____________________________________) ) RELATED COMPLAINTS-IN) INTERVENTIONS ) ____________________________________) NO. 1:09-CV-00901 AWI JLT ORDER VACATING HEARING DATE OF JUNE 21, 2010, AND TAKING MATTER UNDER SUBMISSION [DOCUMENTS # 176, 182]

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Movants' motion and the applicable law, and has determined that the motion is suitable for decision without oral argument. See Local Rule 78-230(h). Therefore, IT IS HEREBY ORDERED that the previously set hearing date of June 21, 2010, is VACATED, and no party shall appear at that time. As of June 21, 2010, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED. Dated: 0m8i78 June 16, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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