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

Filing 870

JUDGMENT Following Acceptance of Defendant Martin J. Zaninovich's Offer of Judgment pursuant to Federal Rule of Civil Procedure Rule 68 by Plaintiff; ORDERED that Judgment is entered In Favor of Plaintiff as Against Defendant Martin J. Zaninovich, in the cumulative sum of $3,317,859.50, signed by District Judge Anthony W. Ishii on 03/21/2013. (Martin-Gill, S)

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WALTER & WILHELM LAW GROUP
a Professional Corporation
Riley C. Walter (SBN 91839)
8305 North Fresno Street, Ste. 410
Fresno, CA 93720
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant, Martin J. Zaninovich

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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

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CASE NO. 1:09-CV-00906-AWI MJS
JUDGMENT FOLLOWING ACCEPTANCE
OF DEFENDANT MARTIN J.
ZANINOVICH’S OFFER OF JUDGMENT
PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE RULE 68 BY PLAINTIFF

Plaintiff,

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vs.

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Z&S FRESH, INC. fdba Z&S
DISTRIBUTING CO., INC., MARTIN J.
ZANINOVICH, LOREN SCHOENBURG,
AND MARGARET aka MARGE
SCHOENBURG

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Defendants

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AND INTERVENING ACTIONS

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Complaint Filed: May 22, 2009
Trial Date: January 17, 2012

AND CROSS-COMPLAINTS

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Defendant MARTIN J. ZANINOVICH having tendered an Offer of Judgment

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made pursuant to Federal Rules of Civil Procedure Rule 68, and Plaintiff Fresno-

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Madera Federal Land Bank (collectively the “Parties”) having timely accepted such Offer

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of Judgment in accordance with Fed. Rules Civ. P. Rule 68 in the principal sum of

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$3,317,859.50, representing the total outstanding principal debt, charges, interest, and

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advances as of October 11, 2011 after deducting all recoveries to date from all other

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sources.

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The Parties hereby request that this Court enter judgment in the total sum of
$3,317,859.50 against Martin J. Zaninovich.
A copy of the Offer of Judgment is attached hereto as Exhibit “A”.
[Proposed] JUDGMENT AND ORDER

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K:\AWI\To_Be_Signed\09CV906.o. order.docx

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

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1.

Judgment on Plaintiff’s claim filed in this matter is entered in favor of

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Plaintiff as against Defendant Martin J. Zaninovich, in the cumulative sum of

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$3,317,859.50, representing the total outstanding principal debt, charges, interest, and

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advances as of October 11, 2011 after deducting all recoveries to date from all other

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sources.

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2.

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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.

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IT IS SO ORDERED.
Dated:

March 21, 2013
SENIOR DISTRICT JUDGE

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DEAC _Signature- END:

0m8i788

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[Proposed] JUDGMENT AND ORDER

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K:\AWI\To_Be_Signed\09CV906.o. order.docx