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

Filing 311

ORDER Adopting FINDINGS AND RECOMMENDATION, And Order Dismissing The Complaint In Intervention Of Lobue Bros., Inc. (Doc. Nos. 36 , 307 ), signed by Senior Judge Anthony W. Ishii on 11/14/2012. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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KINGSBURG APPLE PACKERS INC.
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D/B/A KINGSBURG ORCHARDS, et. al. )
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Plaintiffs,
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v.
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BALLANTINE PRODUCE Co., Inc., et. al., )
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Defendants.
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____________________________________)
LOBUE BROS, INC.,
)
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Intervenor Plaintiff, )
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v.
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BALLANTINE PRODUCE CO., Inc. et. al., )
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Defendants.
)
____________________________________)

NO. 1:09-CV-901-AWI-JLT
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, AND ORDER
DISMISSING THE COMPLAINT IN
INTERVENTION OF LOBUE BROS.,
INC.
(Doc. Nos. 36, 307)

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LoBue Bros., Inc. filed a complaint in intervention in this case on July 1, 2009. See Doc.

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No. 36. On October 10, 2012, the Magistrate Judge issued a Findings and Recommendation

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(“F&R”) that recommended dismissal of LoBue Bros.’s complaint in intervention based on a

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failure to prosecute and obey court orders. See Doc. No. 307. The F&R was served on the

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parties and contained notice that any objection to the F&R was to be filed within fourteen days.

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No party has filed objections to the F&R or responded in any way.

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In accordance with the provisions of 28 U.S.C. § 636(b), this Court has reviewed this

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case. Having carefully reviewed the entire file, the Court finds the F&R to be supported by the

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record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed October 10, 2012 (Doc. No. 307), is
ADOPTED in full; and

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The LoBue Bros.’s complaint in intervention (Doc. No. 36) case is DISMISSED
without prejudice.

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IT IS SO ORDERED.

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Dated:
0m8i78

November 14, 2012
UNITED STATES DISTRICT JUDGE

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