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

Filing 324

ORDER VACATING hearing date of January 14, 2013, and taking matter under submission, signed by District Judge Anthony W. Ishii on 1/11/2013. (Figueroa, O)

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
20

KINGSBURG APPLE PACKERS, INC,
dba KINGSBURG ORCHARDS, et al., )
)
Plaintiff,
)
)
v.
)
)
BALLANTINE PRODUCE INC. et al., )
)
Defendants.
)
)
DIDUDUO LAND MANAGEMENT, a )
California Corporation, et al.,
)
)
Intervenors,
)
)
v.
)
)
BALLANTINE PRODUCE CO. INC.,
)
)
Defendants.
)
____________________________________)

1:09-cv-0901 AWI JLT
ORDER VACATING
HEARING DATE OF
JANUARY 14, 2013, AND
TAKING MATTER UNDER
SUBMISSION

21
22

In this action for damages, defendant Ballantine Produce, Inc., et al. (“Defendants”)

23

has moved for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil

24

Procedure as to the order issued by the court on August 10, 2012, giving effect to the notice

25

of voluntary dismissal of the action in intervention by Diduduo Land Management

26

(“Intervenor”) and the consequent dismissal of third party claims by Defendants against

27

Intervenor for equitable indemnity, contribution and other claims. The matter was set for oral

28

argument to be held on January 14, 2013. The court has reviewed Defendants’ motion,

1

Intervenor’s opposition and related documents and finds that the matter is suitable for

2

decision without oral argument. Local Rule 78-230(h).

3
4

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of January

5

14, 2013, is VACATED, and no party shall appear at that time. As of January 14, 2013, the

6

Court will take the matter under submission, and will thereafter issue its decision.

7
8
9
10

IT IS SO ORDERED.
Dated:
0m8i78

January 11, 2013
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2