Clarke v. Lindeman, et al

Filing 42

ORDER signed by Judge John A. Mendez on 10/18/10 DENYING Defts' 29 Motion to Dismiss. (Owen, K)

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Daniel Feinberg ­ CA State Bar No. 135983 Nina Wasow ­ CA State Bar No. 242047 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 476 9th Street Oakland, CA 94607 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD CLARKE, Plaintiff, vs. MICHAEL LINDEMAN, LORRAINE LINDEMAN, DAVID NICKUM, VALLEY AGGREGATE TRANSPORT, INC., the BOARD OF DIRECTORS OF VALLEY AGGREGATE TRANSPORT, INC., and ADMINISTRATION COMMITTEE FOR THE VALLEY AGGREGATE, INC. EMPLOYEE STOCK OWNERSHIP PLAN. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 09-03467-JAM-DAD ORDER DENYING MOTION TO DISMISS BY DEFENDANTS DAVID NICKUM, VALLEY AGGREGATE TRANSPORT, INC., and THE ADMINISTRATION COMMITTEE FOR THE VALLEY AGGREGATE TRANSPORT, INC. EMPLOYEE STOCK OWNERSHIP PLAN

This matter comes before the Court on a Motion to Dismiss by Defendants David Nickum, Valley Aggregate Transport, Inc., and the Administration Committee for the Valley Aggregate Transport, Inc. Employee Stock Ownership Plan. Having considered the parties' papers and the arguments presented at the hearing on October 6, 2010, the Motion is DENIED. IT IS SO ORDERED.

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[PROPOSED] ORDER DENYING MOTION TO DISMISS [CASE NO. pdfFactory trial version www.pdffactory.com created with C 09-03467-JAM-DAD]

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[PROPOSED] ORDER DENYING MOTION TO DISMISS [CASE NO. pdfFactory trial version www.pdffactory.com created with C 09-03467-JAM-DAD] 1

Dated: October 18, 2010

/s/ John A. Mendez________ The Honorable John Mendez United States District Judge

Approved as to Form: Dated: October 15, 2010 By: LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. /s/ Nina Wasow Daniel Feinberg Nina Wasow Attorneys for Plaintiff TRUCKER HUSS By: __/s/ R. Bradford Huss___________ R. Bradford Huss Virginia Perkins Attorneys for Defendants David Nickum, Valley Aggregate Transport, Inc., and Administration Committee for the Valley Aggregate Transport, Inc. Employee Stock Ownership Plan ______

Dated: October 15, 2010

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