Sierra Food Group, Inc. v. Snaclite, LLC

Filing 4

ORDER signed by Chief Judge Morrison C. England, Jr. on 06/02/15 ORDERING that the 2 Motion for Writ of Execution is GRANTED. Clerk shall issue Writs of Execution with respect to all persons or entities identified on Exhibit 1 hereto, and any ot her persons or entities that the Plaintiff's counsel informs the Clerk are account debtors of the Defendant. Within 10 days after the U.S. Marshals Service files process receipts and returns for the Writs of Execution with the Court, the Plaint iff shall serve a copy of this order and the supporting papers, together with Notice of Entry of the Judgment, upon the Defendant. The service required by the preceding paragraph shall be made in the manner provided for the service of a summons under FRCP 4, unless Defendant SnacLite, LLC (Defendant) or its representative agrees to accept service via email. Defendant shall file any motion to vacate the Judgment or otherwise contest the enforcement thereof within 14 days after being serve d in accordance with paragraphs 2 and 3 of this Order. Plaintiff may file a reply within 7 days after the day any opposition is filed. Upon being served with a Writ of Execution, any person or entity owing money or property to Defendant shall tran sfer it to the U.S. Marshals Service; 30 days after Plaintiff serves Notice of Entry of the Judgment, any property of Defendant levied upon pursuant to a Writ of Execution shall be sold or applied to the satisfaction of the Judgment unless the Defendant has timely filed a motion to vacate the Judgment or otherwise contested the enforcement thereof. Counsel shall prepare the Writs of Execution to be issued by the Clerk's Office. (Benson, A) Modified on 6/3/2015 (Benson, A).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIERRA FOOD GROUP, INC.,
Plaintiff,

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v.

11 SNACLITE, LLC,
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Defendant.

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Case No.: 2:15-mc-00054-MCE-AC
EX PARTE ORDER FOR ISSUANCE OF WRIT
OF EXECUTION

This matter is before the Court on the Plaintiff’s Ex Parte Motion for the Issuance of

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a Writ of Execution (ECF No. 2). Upon consideration of Plaintiff’s Motion and the papers

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submitted in connection therewith, and good cause appearing, Plaintiff’s Motion is

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GRANTED. Additionally, the Court hereby ORDERS as follows:

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1.

The Clerk of the Court shall issue Writs of Execution forthwith with respect to

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all persons or entities identified on Exhibit 1 hereto, and any other persons or entities that

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the Plaintiff’s counsel informs the Clerk are account debtors of the Defendant.

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2.

Within ten (10) days after the U.S. Marshals Service files process receipts

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and returns for the Writs of Execution with the Court, the Plaintiff shall serve a copy of this

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Order and the supporting papers, together with Notice of Entry of the Judgment, upon the

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Defendant in accordance with California Code of Civil Procedure § 1710.30(a).

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ORDER ON EX PARTE MOTION
Case No.: 2:15-mc-00054-MCE-AC

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3.

The service required by the preceding paragraph shall be made in the

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manner provided for the service of a summons under Federal Rule of Civil Procedure 4,

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unless Defendant SnacLite, LLC (“Defendant”) or its representative agrees to accept

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service via email.

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4.

Defendant shall file any motion to vacate the Judgment or otherwise contest

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the enforcement thereof within fourteen (14) days after being served in accordance with

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paragraphs 2 and 3 of this Order. Plaintiff may file a reply within seven (7) days after the

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day any opposition is filed.

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5.

Upon being served with a Writ of Execution, any person or entity owing

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money or property to Defendant shall transfer it to the U.S. Marshals Service in accordance

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with California Code of Civil Procedure § 701.010.

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6.

Pursuant to California Code of Civil Procedure § 1710.45(d), thirty (30) days

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after Plaintiff serves Notice of Entry of the Judgment, any property of Defendant levied

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upon pursuant to a Writ of Execution shall be sold or applied to the satisfaction of the

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Judgment unless the Defendant has timely filed a motion to vacate the Judgment or

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otherwise contested the enforcement thereof.

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IT IS SO ORDERED.

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Dated: June 2, 2015
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ORDER ON EX PARTE MOTION
Case No.: 2:15-mc-00054-MCE-AC

EXHIBIT 1

Account Debtor

Premises located in the

Address of Registered Agent for

Eastern District of California

the Service of Process in
California

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Corporation Service Company

The Kroger Co.
The Kroger Co. of Michigan
Kroger Dedicated Logistics Co.
Kroger Prescription Plans

2710 Gateway Oaks Dr Ste 150N
Sacramento, CA 95833

5. Walmart

3661 Truxel Rd.
Sacramento, CA 95834

6. Save Mart Sonoma Associates,
LLC

1. 2735 Marconi Ave,
Sacramento, CA 95821

1800 Standiford Avenue
Modesto, CA 95350

2. 7960 Gerber Rd.
Sacramento, CA 95828
7. New Albertson’s, Inc.
8. New Albertson’s Holdings LLC
9. Albertson’s Holdings LLC
10. Albertson’s LLC
11. Albertson’s Realty LLC
12. Unified Grocers, Inc.

CT Corporation System
818 W Seventh St., 2nd Fl.
Los Angeles CA 90017

5200 Sheila Street
Los Angeles, CA 90040

13. KeHe Distributors, Inc.

818 W Seventh St., 2nd Fl.
Los Angeles CA 90017

14. Ready Roast Holding Company,
LLC
15. Ready Roast Nut Company, LLC

805 Falcon Dr.
Madera, CA 93637