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

Filing 877

ORDER ON TRUSTEES MOTION TO APPROVE FINAL REPORT AND ACCOUNTING AND REQUEST TO RELIEVE TRUSTEE, TERENCE J. LONG, FROM HIS DUTIES AND TO CLOSE THE TRUST signed by District Judge Anthony W. Ishii on 5/9/2013. (Lundstrom, T)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Mandy L. Jeffcoach, #232313
[e-mail]
3 5 River Park Place East
Fresno, California 93720-1501
4 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Trustee, Terence J. Long
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 ONIONS, ETC., INC., and DUDA FARM
FRESH FOODS, INC., ,
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Plaintiffs,
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v.
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Z&S FRESH, INC. fbda Z&S
15 DISTRIBUTING CO., INC., MARTIN J
ZANINOVICH, LOREN SHOENBURG, and
16 MARGARET aka MARGE SCHOENBURG,
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Case No. 1:09-CV-00906-AWI-MJS
ORDER ON TRUSTEE’S MOTION TO
APPROVE FINAL REPORT AND
ACCOUNTING AND REQUEST TO
RELIEVE TRUSTEE, TERENCE J.
LONG, FROM HIS DUTIES AND TO
CLOSE THE TRUST

Defendants.
The Court, having reviewed the Motion filed by the Trustee, along with the Declaration of

19 Terence J. Long in Support thereof, and good cause appearing, hereby Orders as follow:
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1.

That the Stipulation for Dismissal is entered, thereby dismissing all claims identified in

21 the Stipulation for Dismissal;
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2.

That the Final Report and Accounting is hereby approved and the Trustee is authorized

23 to make the final distributions as set forth in Exhibit “A” of Mr. Long’s Declaration and all related
24 payments specified in the same;
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3.

That Trustee, Terence J. Long, is hereby relieved of any and all duties and obligations

26 under the stipulated order of June 24, 2009;
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4.

That on making the payments directed within the final report and accounting, the

28 Trustee shall be immediately discharged of all further liability and responsibility as Trustee; and
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

[PROPOSED] ORDER ON TRUSTEE’S MOTION TO APPROVE FINAL REPORT AND ACCOUNTING AND
REQUEST TO RELIEVE TRUSTEE, TERENCE J. LONG, FROM HIS DUTIES AND TO CLOSE THE TRUST

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5.

The Bond posted by Trustee Terence J. Long, Bond F1BSBFL9013, is hereby

2 exonerated.
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5 IT IS SO ORDERED.
6 Dated: May 9, 2013
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SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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[PROPOSED] ORDER ON TRUSTEE’S MOTION TO APPROVE FINAL REPORT AND ACCOUNTING AND
REQUEST TO RELIEVE TRUSTEE, TERENCE J. LONG, FROM HIS DUTIES AND TO CLOSE THE TRUST