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

Filing 576

JUDGMENT Following Acceptance of Defendant Martin J. Zaninovich's Offer of Judgment Pursuant to Federal Rule of Civil Procedure Rule 68 by Plaintiff, signed by Judge Oliver W. Wanger on 9/9/2010. (Verduzco, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WALTER & WILHELM LAW GROUP a Professional Corporation Riley C. Walter (SBN 91839) 8305 North Fresno Street, Ste. 410 Fresno, CA 93720 Telephone: (559) 435-9800 Facsimile: (559) 435-9868 E-mail: rileywalter@W2LG.com Attorneys for Defendant, Martin J. Zaninovich UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ONIONS, ETC., INC. and DUDA FARM FRESH FOODS, INC. Plaintiff, vs. Z&S FRESH, INC. fdba Z&S DISTRIBUTING CO., INC., MARTIN J. ZANINOVICH, LOREN SCHOENBURG, AND MARGARET aka MARGE SCHOENBURG Defendants AND INTERVENING ACTIONS AND CROSS-COMPLAINTS Defendant MARTIN J. ZANINOVICH having tendered a Offer of Judgment made pursuant to Federal Rules of Civil Procedure Rule 68, and Plaintiff Mark L. Pascoe (collectively the "Parties") having timely accepted such Offer of Judgment in accordance with Fed. Rules Civ. P. Rule 68 in the principal sum of $8,423.65, plus costs accrued to date of the offer in the amount of $79.80, the Parties hereby request that this Court enter judgment in the total sum of $8,503.45 against Martin J. Zaninovich pursuant to Federal Rules of Civil Procedure Rule 68(a). A copy of the Offer of Judgment is attached hereto as Exhibit "A". /// CASE NO. 1:09-CV-00906-OWW-MJS JUDGMENT FOLLOWING ACCEPTANCE OF DEFENDANT MARTIN J. ZANINOVICH'S OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 68 BY PLAINTIFF Complaint Filed: May 22, 2009 Trial Date: July 12, 2011 JUDGMENT AND ORDER -1- G:\docs\RGaumnitz\Orders to be signed\09cv906.jdgmnt.M.P.&Zaninovich.doc.docx PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Judgment on Plaintiff's claim filed in this matter is entered in favor of Plaintiff as against Defendant Martin J. Zaninovich, in the cumulative sum of $8,503.45, representing the principal sum of $8,423.65 and costs in the amount of $79.80. 2. This partial judgment, made pursuant to Federal Rules of Civil Procedure Rule 68(a), shall be merged into the final judgment to be entered in this matter. IT IS SO ORDERED. Dated: September 9, 2010 /s/ OLIVER W. WANGER Hon. Oliver W. Wanger United States District Judge, Eastern District of California (Fresno) JUDGMENT AND ORDER -2- G:\docs\RGaumnitz\Orders to be signed\09cv906.jdgmnt.M.P.&Zaninovich.doc.docx PDF created with pdfFactory trial version www.pdffactory.com

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