General Produce Co., Ltd vs. Alex R Thomas, Co. et al

Filing 57

ORDER signed by Judge John A. Mendez on 11/30/09 ORDERING that the motion ofAnne I. Thomas to vacate the default judgment and default and order of examination is hereby GRANTED. Accordingly, the 42 Order for Appearance and Examination of Anne Thoma s entered September 23, 2009 is hereby vacated. The 31 Judgment entered July 31, 2009 is hereby VACATED as to Defendant Anne I. Thomas only. The 30 Order for Judgment entered July 31, 2009 is hereby VACATED in all respects as to Defendant Anne Thomas only, including without limitation to the extent it ordered Entry of Default as to Defendant Anne I. Thomas on the First Amended Complaint. Default Judgment and Default having been vacated and set aside,Defendant Anne I. Thomas is hereby ordered to file her response to Plaintiff's First Amended Complaint within 20 days of entry of this Order. (Duong, D)

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Daniel E. Post, Esq. (Bar No. 172948) ANDERSON, ZEIGLER, DISHAROON, GALLAGHER & GRAY 50 Old Courthouse Square, 5th Fl. (95404) P.O. Box 1498 Santa Rosa, CA 95402-1498 Telephone: [phone] Facsimile: 707/544-0260 Attorneys for Anne I. Thomas

U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GENERAL PRODUCE CO., LTD., a California limited partnership, ) ) ) Plaintiff, ) ) vs. ) ) ALEX R. THOMAS & CO., a California ) corporation doing business as GOT ) FRUIT and RIPPLE RILEY THOMAS; ) MENDOCINO GOLD GIFTS, LLC, a ) California limited liability company; ) RIPPLE RILEY THOMAS, LLC, a ) California limited liability company; ) ALEX R. THOMAS, III, an individual; ) STEPHEN N. THOMAS, an individual; ) ANNE I. THOMAS, ) ) Defendants. ) ) ) Case No. 2:08-cv-01084-JAM-EFB ORDER ON DEFENDANT ANNE I. THOMAS' MOTION TO VACATE DEFAULT JUDGMENT AND DEFAULT AND ORDER OF EXAMINATION

ANDERSON, ZEIGLER, DISHAROON, GALLAGHER & GRAY

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50 OLD COURTHOUSE SQUARE, FIFTH FLOOR P.O. BOX 1498 SANTA ROSA, CALIFORNIA 95402-1498 [phone] FAX [phone]

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ATTORNEYS AT LAW

Date: Time: Ctrm/Dept: Judge: Location:

11/18/09 9:00 a.m. 6 (14th Floor) Hon. John A. Mendez 501 I Street Sacramento, CA 95814

The motion of defendant Anne I. Thomas to vacate default judgment and default and order of examination came on regularly for hearing on November 18, 2009. Attorney Daniel E. Post appeared on behalf of defendant Anne I. Thomas; attorney Daniel A. McDaniel appeared on behalf of plaintiff General Produce Co., Ltd., a California limited partnership; the Honorable John A. Mendez, judge presiding.

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1 ORDER ON DEFENDANT ANNE I. THOMAS' MOTION TO VACATE DEFAULT JUDGMENT AND DEFAULT AND ORDER OF EXAMINATION

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After reviewing the pleadings and papers on file in this matter, and following argument by the parties' counsel, GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the motion of Anne I. Thomas to vacate the default judgment and default and order of examination is hereby granted. Accordingly, the Order for Appearance and Examination of Anne Thomas entered September 23, 2009 (document 42) is hereby vacated. The Judgment entered July 31, 2009 (document 31) is hereby vacated as to Defendant Anne I. Thomas only. The Order for Judgment entered July 31, 2009 (document 30) is hereby vacated in all respects as to Defendant Anne Thomas only, including without limitation to the extent it ordered Entry of Default as to Defendant Anne I. Thomas on the First Amended Complaint. Default Judgment and Default having been vacated and set aside, Defendant Anne I. Thomas is hereby ordered to file her response to Plaintiff's First Amended Complaint within 20 days of entry of this Order.

DATED: November 30, 2009

/s/ John A. Mendez____ Judge John A. Mendez

APPROVED AS TO FORM: NOMELLINI, GRILLI & McDANIEL Date: By

Daniel A. McDaniel Attorneys for Plaintiff

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2 ORDER ON DEFENDANT ANNE I. THOMAS' MOTION TO VACATE DEFAULT JUDGMENT AND DEFAULT AND ORDER OF EXAMINATION