Viola Coppola, et al v. Gregory Smith, et al

Filing 359

ORDER Granting RATIFICATION by the Real Party in Interest Pursuant to Rule 17. (Doc. 357) ORDER VACATING Motion Hearing - scheduled for January 29, 2016, is HEREBY VACATED. Having considered the moving papers, the lack of opposition, all other evi dence in the record, and for good cause shown, Plaintiffs application is GRANTED. IT IS HEREBY ORDERED that the following real parties in interest for purposes of the entire above actionin the capacity of plaintiffs and counter/cross-defendantsare a s follows: Gary Coppola, as an individual; Gary Coppola, as successor trustee of the Viola M. Coppola Irrevocable Trust (in conformity with this Courts prior Order of April 18, 2014 (Doc. 213) and to correct the current Seventh Amended Complaint, and all counterclaims.); Gary Coppola, as trustee of the Anthony M. Coppola Trust. signed by Magistrate Judge Barbara A. McAuliffe on 1/21/2016. (Herman, H)

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1 2 3 4 5 6 7 GREBEN & ASSOCIATES 125 E. DE LA GUERRA ST., STE 203 SANTA BARBARA, CA 93101 TEL: 805-963-9090 FAX: 805-963-9098 Jan A. Greben, SBN 103464 jan@grebenlaw.com Christine M. Monroe, SBN 304573 Christine@grebenlaw.com Attorneys for Plaintiffs VIOLA M. COPPOLA IRREVOCABLE TRUST, GARY COPPOLA, and THE TRUST OF ANTHONY M. COPPOLA 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION 10 11 12 VIOLA M. COPPOLA IRREVOCABLE TRUST, GARY COPPOLA, and THE TRUST OF ANTHONY M. COPPOLA; 13 Case No.: 1:11-CV-01257-AWI-BAM ORDER GRANTING RATIFICATION BY THE REAL PARTY IN INTEREST PURSUANT TO RULE 17 Plaintiffs, 14 v. 15 PARAGON CLEANERS INC., (formerly sued as GREGORY SMITH, an individual), et al. 16 Defendants. 17 18 ORDER VACATING MOTION HEARING RELATED CROSS AND COUNTER-CLAIMS 19 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -1ORDER GRANTING RATIFICATION 1:11-CV-01257-AWI-BAM 1 Currently before the Court is Plaintiffs’ application for ratification of the real party in interest 2 regarding Gary Coppola as Successor Trustee of the Viola M. Coppola Irrevocable Trust and Gary 3 Coppola as Trustee of the Trust of Anthony M. Coppola pursuant to Federal Rule of Civil Procedure 4 17. Fed. R. Civ. P 17(a); (Doc. 357). Although the time for filing an opposition to the motion has 5 passed, no opposition was filed. (Doc. 358). Accordingly, the Court deems the matter suitable for 6 decision without oral argument pursuant to Local Rule 230(g), and the hearing scheduled for 7 January 29, 2016, is HEREBY VACATED. 8 9 10 11 Having considered the moving papers, the lack of opposition, all other evidence in the record, and for good cause shown, Plaintiffs’ application is GRANTED. IT IS HEREBY ORDERED that the following real parties in interest for purposes of the entire above action—in the capacity of plaintiffs and counter/cross-defendants—are as follows: 12  Gary Coppola, as an individual; 13  Gary Coppola, as successor trustee of the Viola M. Coppola Irrevocable Trust (in 14 conformity with this Court’s prior Order of April 18, 2014 (Doc. 213) and to correct 15 the current Seventh Amended Complaint, and all counterclaims.);  16 Gary Coppola, as trustee of the Anthony M. Coppola Trust. 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara January 21, 2016 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 -2ORDER GRANTING RATIFICATION 1:11-CV-01257-AWI-BAM

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