Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Filing 438

CORRECTIVE ORDER Granting the Motion of Defendant Fresno-Madera Federal Land Bank Association, FCLA, for Leave to File Amended Complaint [Doc. 410]. DENYING Defendant Land Bank's Motion to Strike [Doc. 422]. REVOKING This Court's Prior Order [Doc. 430]. signed by Magistrate Judge Sandra M. Snyder on 3/8/2010. (Herman, H)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 ONIONS, ETC., and DUDA FARM FRESH FOODS, INC., 11 Plaintiffs, 12 v. 13 CASE NO. 1:09-cv-00906-OWW-SMS CORRECTIVE ORDER GRANTING THE MOTION OF DEFENDANT FRESNOMADERA FEDERAL LAND BANK ASSOCIATION, FCLA, FOR LEAVE TO FILE AMENDED COMPLAINT (Doc. 410),

UNITED STATES DISTRICT COURT

14 Z & S FRESH, INC., a California corporation, DENYING DEFENDANT LAND BANK'S f/d/b/a Z & S DISTRIBUTING COMPANY, a MOTION TO STRIKE (Doc. 422), and 15 California corporation, et al., REVOKING THIS COURT'S PRIOR ORDER 16 Defendants. (Doc. 430) / 17 18 19 FRANK A. LOGOLUSO FARMS, a 20 California corporation, 21 22 v. 23 Z & S FRESH, INC., a California corporation, 24 f/d/b/a Z & S DISTRIBUTING COMPANY, a California corporation, , et al., 25 Defendants. 26 / 27 28 /// 1 Intervener Plaintiff,

1

This Court having considered the counter-motion of Defendant Fresno-Madera Federal

2 Land Bank Association, FCLA (the "Land Bank"), to file an amended complaint (Doc. 410) (the 3 "counter-motion"), and the Land Bank's motion to strike (Doc. 422), and all supporting and 4 opposing documents and arguments of counsel, and having previously entered a order purporting 5 to memorialize its decision, rendered from the bench, following a hearing on January 29, 2010 6 (Doc. 430); and 7 This Court having discovered certain errors in its prior order on these motions, dated

8 February 16, 2010 (Doc. 430), the contents of which were inconsistent with this Court's minute 9 order, dated January 29, 2010 (Doc. 426), 10 11 12 13 14 15 16 17 18 19 20 21 22 23 IT IS SO ORDERED. 24 Dated: icido3 25 26 27 28 2 March 8, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 5. 4. It is hereby ORDERED: 1. 2. 3. This Court's February 16, 2010 order (Doc. 430) is revoked in its entirety. The Land Bank's counter-motion to amend is hereby granted. The Land Bank's Second Amended Cross-Complaint and First Amended CounterComplaint are hereby deemed filed as of February 16, 2010. All Defendants, Cross-Defendants and Counter-Defendants shall have twenty (20) days from service of this Order to answer or otherwise plead in response to the Land Bank's Second Amended Cross-Complaint and First Amended CounterComplaint. The Land Bank's motion to strike (Doc. 422) is hereby denied.