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

Filing 314

ORDER to Third Party Plaintiff Jerry DiBuduo to Provide a Status Report Regarding His Claims, signed by Magistrate Judge Jennifer L. Thurston on 11/27/2012. (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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AND RELATED CROSS-CLAIMS.

Case No.: 1:09-cv-00901 - AWI - JLT
ORDER TO THIRD PARTY PLAINTIFF JERRY
DIBUDUO TO PROVIDE A STATUS REPORT
REGARDING HIS CLAIMS

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On March 5, 2012, the Court granted Bank of the West’s motion to compel arbitration and stay

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the pending action regarding the “Third Party Complaint” filed by Ballantine Produce, David

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Albertson, Eric Albertson, and Jerry DiBuduo. (Doc. 282). The Court ordered the parties to file status

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reports every sixty days until arbitration was completed, and a joint status report within ten days of the

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arbitration. Id. at 6.

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On July 3, 2012, the parties filed a status report informing the Court: “All of the Cross-

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Claimants excluding Jerry Dibuduo have effectively entered into settlement agreements, which will

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require the dismissal of the pending cross-claims in this matter. . .” (Doc. 290 at 2). In addition, the

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parties reported, “Jerry Dibuduo[] has agreed to file a dismissal with prejudice against Cross1

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Defendant, Bank of the West, and without prejudice as against Cross-Defendants, John Pelton and

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Pelton and Associates.” Id. Although the parties anticipated such a dismissal would be filed within

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thirty days (see id.), one has not been filed.
Accordingly, Third Party Plaintiff Jerry DiBuduo SHALL provide a status report regarding his

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claims within fourteen days of the date of service of this order, or in the alternative, file a request for

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dismissal of his claims in accordance with the status report filed July 3, 2012.

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IT IS SO ORDERED.

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Dated:

November 27, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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