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

Filing 826

CORRECTIONAL ORDER; ORDER Withdrawing 823 Order for Severance; and ORDER for Separate Trials Under Federal Rule of Civil Procedure 42(b), signed by Chief Judge Anthony W. Ishii on 5/18/12. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ONIONS, ETC., INC., and DUDA FARM
FRESH FOODS, INC.,

[CORRECTIONAL ORDER]

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No. 1:09-CV-00906 AWI-MJS

Plaintiff,
v.

ORDER WITHDRAWING ORDER FOR
SEVERANCE (ECF No. 823); and

Z&S FRESH, INC., et al.,
Defendants.
/

ORDER FOR SEPARATE TRIALS UNDER
FEDERAL RULE OF CIVIL PROCEDURE
42(b)

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The Court's May 15, 2012 Order for Severance (ECF No. 823) is hereby WITHDRAWN and
replaced with the following Order for Separate Trials:
A properly noticed Status Conference was convened before the Honorable Michael J. Seng,
United States Magistrate Judge, on May 10, 2012. Plaintiff Terence J. Long, Trustee Pursuant to

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Court Order ("Trustee"), appeared through his attorney, Jan Perkins, Perkins Mann & Everett,

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Incorporated. Cross Claimant and Counter-Claimant Fresno-Madera Federal Land Bank Association,

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FCLA ("Land Bank") appeared through its attorney, Scott Ivy, Lang, Richert & Patch. Intervenor

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Plaintiffs and Cross Defendants Aron Margosian and Carrie Margosian (jointly, "Margosians")

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appeared throug their attorney, Patrick J. Gorman, Wild Carter & Tipton, a Professional Corporation.

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Defendants Loren Schoenburg and Margaret Schoenburg (jointly, "Schoenburgs") appeared through
their attorney James H. Wilkins, Wilkins, Drolshagen & Czeshinski, LLP.

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During the Status Conference, each of the parties stipulated and agreed through his or her
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respective attorney of record that the disputes of the Trustee and Margosians as against the

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Schoenburgs should and may be tried separately from the disputes between the Land Bank and

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Margosians. See Fed. R. Civ. P. 42(b).

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Accordingly, based on the said stipulation of the parties and good cause appearing, it is
hereby ORDERED that all claims of the Trustee and Margosians against the Schoenburgs shall be

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tried separately from the claims and disputes between the Land Bank and the Margosians. The

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former shall be tried before the undersigned. The Land Bank and Margosians having filed written

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consents to the jurisdiction of the Magistrate Judge for all purposes pursuant to 28 U.S.C. 636(c),

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shall have their claims assigned for trial before the Honorable Michael J. Seng, U.S. Magistrate

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Judge. The court’s prior order for severance is WITHDRAWN (ECF No. 823)

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IT IS SO ORDERED.
Dated:
0m8i78

May 18, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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