Freshko Produce Services, Inc. v. A.L.L. Groups, Inc. et al

Filing 26

ORDER signed by District Judge Kimberly J. Mueller on 8/25/2016 DISCHARGING 24 Order to Show Cause; DISMISSING the 1 Complaint as to all defendants, without prejudice, subject to reopening in the event either one or both the defendants' bankruptcy petitions is dismissed or in the event the plaintiff is granted relief from the automatic stay. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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LAW OFFICES
RYNN & JANOWSKY
4100 NEWPORT PLACE DRIVE
SUITE 700
NEWPORT BEACH, CALIFORNIA 92660
[phone]
FAX [phone]

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FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
FRESHKO PRODUCE SERVICES, INC.,
a California corporation,

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ORDER STRIKING ORDER TO SHOW
CAUSE AND DISMISSING
COMPLAINT WITHOUT PREJUDICE

Plaintiffs,

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CASE NO. 2:15−CV−00234−KJM−AC

v.
A.L.L. GROUPS, INC., a California
corporation d/b/a VIC’S DISCOUNT
MARKET and d/b/a VIC’S Market;
ASHWANI KUMAR MAYER, an
individual,
Defendants.

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Having reviewed and considered Plaintiff FRESHKO PRODUCE SERVICES,
INC.’s Response to this Court’s Order to Show Cause and updated Status Report
concerning Defendants’ bankruptcy filings, and good cause appearing therefor:
IT IS HEREBY ORDERED that Plaintiff’s Response to the OSC is satisfactory
and the OSC is therefore discharged.

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IT IS FURTHER ORDERED that Plaintiff’s complaint shall be and hereby is
dismissed as to all Defendants, without prejudice, subject to reopening in the event either

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one or both of Defendants’ bankruptcy petitions is dismissed or in the event Plaintiff is

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granted relief from the automatic stay.

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IT IS SO ORDERED.
DATED: August 25, 2016.

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UNITED STATES DISTRICT JUDGE

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LAW OFFICES
RYNN & JANOWSKY
4100 NEWPORT PLACE DRIVE
SUITE 700
NEWPORT BEACH, CALIFORNIA 92660
[phone]
FAX [phone]

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PROOF OF SERVICE

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1. At the time of service I was over 18 years of age and not a party to this action.
2. My address is 4100 Newport Place Drive, Suite 700, Newport Beach, CA 92660.
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On August 25, 2016, I served the following documents: [PROPOSED] ORDER

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STRIKING ORDER TO SHOW CAUSE AND DISMISSING COMPLAINT

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WITHOUT PREJUDICE

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I served the documents on the persons below, as follows:

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Ashwani Kumar Mayer
A.L.L. Groups, Inc. d/b/a
Vic’s Discount Market; and
d/b/a Vic’s Market
9331 Boothwyn Way
Elk Grove, CA 95758-7634

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By United States mail. I enclosed the documents in a sealed envelope or package

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addressed to the persons at the addresses below and placed the envelope for collection

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and mailing, following our ordinary business practices. I am readily familiar with this

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LAW OFFICES
RYNN & JANOWSKY
4100 NEWPORT PLACE DRIVE
SUITE 700
NEWPORT BEACH, CALIFORNIA 92660
[phone]
FAX [phone]

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business's practice for collecting and processing correspondence for mailing. On the same

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day that correspondence is placed for collection and mailing, it is deposited in the

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ordinary course of business with the United States Postal Service, in a sealed envelope

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with postage fully prepaid. I am a resident or employed in the county where the mailing

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occurred. The envelope or package was placed in the mail at Newport Beach, California.

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: August 25, 2016

/s/ Abby Hernandez
Abby Hernandez

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