Custom Pak West, LTD. v. JC Produce, Inc. et al

Filing 25

RELATED CASE ORDER 20 signed by Senior Judge Lawrence K. Karlton on 2/6/2009 REASSIGNING Case(s) 2:08cv2489 LKK GGH and 2:08cv2657 MCE EFB; Case 2:08cv2657 reassigned to Senior Judge Lawrence K. Karlton and Magistrate Judge Gregory G. Hollows for a ll further proceedings. Judge Morrison C. England, Jr, Magistrate Judge Edmund F. Brennan no longer assigned to case. The parties in case number 2:08cv02489 SHALL, not later than 2/13/2009 at 5:00 PM, file a statement with the court stating whether t he 1/25/2009 order establishing a PACA Trust and Disbursement Authorization Procedure, entered in case number 2:08cv2657 by Judge England, would resolve the pending motion brought by Custom Pak West, Ltd. The parties' statements shall be not longer than 10 pages.(Reader, L)

1 2 3 4 5 CUSTOM PAK WEST, LTD., 6 Plaintiff, 7 v. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defendants. 26 1 / v. JC PRODUCE, LLC, a California limited liability company, and JOHN TEDESCO, WILLIAM DROST, PAUL ABESS, SUSAN LENNANE, BETTE BYOUK, and JAMES LENNANE, each individually RELATED CASE ORDER TAYLOR FARMS CALIFORNIA, INC.; RATTO BROS., INC.; GO-FRESH PRODUCE, INC.; CHAMP'S MUSHROOMS, INC.; NORTH AMERICAN PRODUCE; MOUNTAIN MEADOW MUSHROOMS, INC.; COAST CITRUS DISTRIBUTORS, INC. d/b/a COAST TROPICAL d/b/a OLYMPIC FRUIT & VEGETABLE DISTRIBUTORS; UMINA BROS., INC.; INTERFRESH, INC.; VALLEY FRUIT & PRODUCE; TAYLOR FARMS PACIFIC, INC.; and JACOBS MALCOLM & BURTT, Plaintiffs, CIV. NO. S-08-2657 MCE/EFB JC PRODUCE, LLC, a California limited liability company, and JOHN TEDESCO, PAUL ABESS, SUSAN LENNANE, BETTE BYOUK, JAMES LENNANE, KEN CATCHOT, GEORGE KARAM, each individually, Defendants. / CIV. NO. S-08-2489 LKK/GGH IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Examination of the two above-entitled actions reveals that they are related within the meaning of Local Rule 83-123, as they involve substantially the same questions of fact and law.

Accordingly, the assignment of the matters to the same judge and magistrate judge is likely to effect a substantial savings of judicial effort and is also likely to be convenient for the parties. Under the regular practice of this court, related cases are generally assigned to the judge and magistrate judge to whom the first filed action was assigned. Additionally, pending before the court is plaintiff's motion in case number 2:08-cv-02489 to establish a PACA claim procedure. That issue has been resolved in case number 2:08-cv-02657 by order of Judge England on January 28, 2009. Given that the cases are now related and appear to involve disbursements from the same PACA trust, the parties are ordered to inform the court why that order should not be entered as resolution of the pending motion. The court hereby orders that: 1. 2. The above-captioned cases are RELATED. The action denominated CIV. NO. 2:08-cv-02657 MCE EFB is REASSIGNED to Judge Lawrence K. Karlton and Magistrate Judge Gregory G. Hollows for all further proceedings. Any dates currently set in the reassigned case are hereby VACATED. 3. Henceforth, the caption on documents filed in the cases shall be shown as CIV. NO. 2:08-cv-02489 LKK GGH and CIV. NO. 2:08-cv-02657 LKK GGH, respectively. 2

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3.

The Clerk of the Court make shall appropriate adjustment in the assignment of civil cases to compensate for this reassignment.

4.

The parties in case number 2:08-cv-02489 SHALL, not later than February 13, 2009 at 5:00 PM, file a

statement with the court stating whether the January 25, 2009 order establishing a PACA Trust and Disbursement Authorization Procedure, entered in case number 2:08-cv02657 by Judge England, would resolve the pending motion brought by Custom Pak West, Ltd. The parties' statements shall be not longer than ten (10) pages. IT IS SO ORDERED. DATED: February 6, 2009.

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