Martini e Ricci Iamino S.P.A. - Consortile Societa Agricola v. Trinity Fruit Sales Company, Inc.

Filing 34

ORDER on Defendant's request to file an additional motion for summary judgment. signed by District Judge Anthony W. Ishii on 7/15/14. (Nazaroff, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARTINI E RICCI IAMINO S.P.A. –
CONSORTILE SOCIETA AGRICOLA,
an Italian Company,

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Plaintiff
v.
TRINITY FRUIT SALES COMPANY,
INC., a California Corporation, and DOES
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CASE NO. 1:13-CV-276 AWI SAB

ORDER ON DEFENDANT’S REQUEST
TO FILE AN ADDITIONAL MOTION
FOR SUMMARY JUDGMENT

(Doc. No. 33)

Defendant

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This case stems from the provision of kiwi fruit from Plaintiff Martini E Ricci Iamno

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S.P.A. (“M&R”) to Trinity Fruit Sales Company, Inc. (“Trinity”). On July 2, 2014, the Court

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issued an order on cross-motions for summary judgment. See Doc. No. 32. Following this order,

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there are only two causes of action that remain in this case – common counts for an account stated

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and an open book account. See id. As part of the summary judgment order, the Court permitted

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the parties to file a request for an additional summary judgment motion if they believed that such a

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motion would be beneficial. See id. On July 10, 2014, Defendant filed a request to file an

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additional summary judgment motion. See id. at Doc. No. 33. Plaintiff has neither filed a request

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nor responded to Defendant’s request. After considering Defendant’s request, the Court will

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permit a second summary judgment motion to be filed and will set a briefing schedule.

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Accordingly, IT IS HEREBY ORDERED that:
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GRANTED;
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Defendant shall file the additional summary judgment motion, along with supporting
evidence and briefing, on or by 3:00 p.m. on July 25, 2014;

3.

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Defendant’s request to file an additional summary judgment motion (Doc. No. 33) is

Plaintiff shall file either an opposition or notice of non-opposition on or by 3:00 p.m. on
August 8, 2014; and

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Defendant may file a reply on or by 3:00 p.m. on August 15, 2014.1

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IT IS SO ORDERED.
Dated: July 15, 2014
SENIOR DISTRICT JUDGE

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After the briefing has been received and reviewed, if the Court determines that a hearing would be beneficial, it will
set a hearing date at that time.
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