Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al,
Filing
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ORDER to Intervenor Plaintiff Spectrum Produce Distributing to SHOW CAUSE Why the Intervenor Complaint Should Not Be Dismissed for Failure to Prosecute, signed by Magistrate Judge Jennifer L. Thurston on 9/28/2012. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KINGSBURG APPLE PACKERS, INC. dba )
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KINGSBURG ORCHARDS, et al.,
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Plaintiffs,
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v.
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BALLANTINE PRODUCE CO., INC., a
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California corporation, et al.,
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Defendants.
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SPECTRUM PRODUCE DISTRIBUTING,
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Intervenor Plaintiff,
v.
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BALLANTINE PRODUCE CO., INC., a
California corporation, et al.,
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Defendants.
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Case No.: 1:09-cv-00901 - AWI - JLT
ORDER TO INTERVENOR PLAINTIFF
SPECTRUM PRODUCE DISTRIBUTING TO
SHOW CAUSE WHY THE INTERVENOR
COMPLAINT SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE
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On September 29, 2009, Spectrum Produce Distributing (“Spectrum”) filed a motion to
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intervene, seeking leave to file a claim out of time. (Doc. 108). The motion was granted by the Court
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(Doc. 144), and Spectrum filed an intervenor complaint on February 11, 2010. (Doc. 148). Spectrum
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identified the following defendants in its intervenor complaint: Ballantine Produce Co., Inc.; Vergil E.
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Rasmussen; David S. Albertson; Eric Albertson; Jerry DiBuduo; and Babijuice Corporation of
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California, Inc. Id. at 2-3. The defendants filed their answer to the intervenor complaint on February
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22, 2010. (Doc. 155). Since the filing of the answer, Spectrum has not prosecuted its complaints
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against the defendants.
The Ninth Circuit explained, “District courts have inherent power to control their dockets,” and
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in exercising that power, a court may dismissal an action. Thompson v. Housing Authority of Los
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Angeles, 782 F.2d 829, 831 (9th Cir. 1986). Consequently, a court may dismiss an action based on a
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party’s failure to prosecute an action or failure to obey a court order, or failure to comply with local
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rules. See, e.g., Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure
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to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal,
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in part, for failure to prosecute).
Accordingly, Spectrum is ORDERED to show cause within five court days of the date of
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service of this Order why the intervening action should not be dismissed for failure prosecute its
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claims or file a request for dismissal within this same time period.
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IT IS SO ORDERED.
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Dated:
September 28, 2012
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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