Apple Hill Growers v. El Dorado Orchards, Inc. et al

Filing 99

ORDER signed by District Judge Troy L. Nunley on 2/14/2023 SUBSTITUTING Brad Visman, in his role as special administrator of the Estate of Mason Visman in place of deceased Mason Visman as Defendant/Counter-Plaintiff. (Donati, J)

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Paul W. Reidl (SBN 155221)
Christopher J. Passarelli (SBN 241147)
Brett J. Leininger (SBN 329579)
DICKENSON, PEATMAN & FOGARTY
1500 First Street, Suite 200
Napa, California 94559
Telephone: [phone]
Facsimile: (707) 340- 7239
[e-mail]
[e-mail]
Attorneys for Defendants/Counter-Plaintiffs
EL DORADO ORCHARDS INC., et al.
R. Michael West (SBN 84336)
[e-mail]
Law Offices of R. Michael West
1922 21ST Street
Sacramento, CA 95811
Telephone: [phone]

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Catherine Ashley Straight (SBN 119339)
[e-mail]
Law Offices of Catherine Ashley Straight
1922 21st Street
Sacramento, CA 95811
Telephone: [phone]

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Attorneys for Plaintiff/Counter-Defendant
APPLE HILL GROWERS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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APPLE HILL GROWERS,

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Plaintiff,
vs.

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EL DORADO ORCHARDS, INC., et al.

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Defendants.

CASE NO. 2:17-cv-02085-TLN-CKD
JOINT MOTION TO SUBSTITUTE
BRAD VISMAN, SPECIAL
ADMINISTRATOR OF THE ESTATE OF
MASON VISMAN FOR THE DECEASED
DEFENDANT/COUNTER-PLAINTIFF
MASON VISMAN; ORDER
Date:
Time:
Location:

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March 23, 2023
2:00 p.m.
Courtroom 2

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JOINT MOTION TO SUBSTITUTE
ADMINISTRATOR OF ESTATE OF MASON
VISMAN FOR THE DECEASED DEFENDANT/
COUNTER-PLAINTIFF MASON VISMAN

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Case No. 2:17-cv-02085-TLN-CKD

Plaintiff Apple Hill Growers (“Plaintiff”) and Defendants Brad Visman, Kandi Visman, El

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Dorado Orchards, Inc., (“Defendants”), and Brad Visman, as special administrator of the Estate

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of Mason Visman (Plaintiff and Defendants collectively “the Parties”) hereby make the following

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joint motion to substitute Brad Visman, in his role as the special administrator of the Estate of

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Mason Visman for the deceased Mason Visman (“Decedent”) as Defendant/Counter-Plaintiff,

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pursuant to Fed. R. Civ. P. 25(a)(1).
Rule 25(a)(1) provides that, if a party dies and the claim is not extinguished, the court may

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order substitution of the proper party. A motion for substitution may be made by any party or by

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the decedent's successor or representative within 90 days after service of a statement noting the

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death.
In support of this Motion, the Movants state as follows:

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1. Decedent, Mason Visman, an individual Defendant/Counter-Plaintiff, died intestate on

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November 11, 2022. Brad Visman and Kandi Visman, Mason Visman’s parents, are

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Decedent’s sole identified heirs.

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2. A suggestion of death was submitted to the Court on November 17, 2022 [ECF 97].

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3. Claims in this proceeding brought against and by Mason Visman were not extinguished

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upon his death.

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4. An Order For Probate of the Estate Of Mason Charles Visman was entered in the Superior

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Court Of California, County Of El Dorado, on November 17, 2022. A copy of said Order

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For Probate is attached as Exhibit A hereto.

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5. Letters Special Administration were issued in the Probate Court of El Dorado County

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Superior Court on November 17, 2022, in Case Number 22PR0301, appointing Brad

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Visman as the special administrator of Decedent Mason Visman’s estate. A copy of the

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Letters Special Administration is attached as Exhibit B hereto.

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6. Pursuant to said Letters, Brad Visman has duly qualified and is acting as the Special
Administrator of Decedent’s estate.
7. In Brad Visman’s capacity as Special Administrator, Brad Visman is the representative of
JOINT MOTION TO SUBSTITUTE
ADMINISTRATOR OF ESTATE OF MASON
VISMAN FOR THE DECEASED DEFENDANT/
COUNTER-PLAINTIFF MASON VISMAN

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Case No. 2:17-cv-02085-TLN-CKD

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Mason Visman, the deceased original Defendant/Counter-Plaintiff; and, accordingly, the

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proper party to be substituted for Decedent Mason Visman.

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8. The Parties note that the Letters Special Administration expire on April 30, 2023. The

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Parties have agreed to notify the Court promptly of any extension of said Letters, or

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subsequent appointments of Brad Visman as Administrator of Decedent Mason Visman’s

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estate.

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9. The Parties bring this joint motion for substitution of a party, notwithstanding the nature of

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the instant appointment of Brad Visman, in order to preserve their respective legal claims.

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Wherefore, it is prayed that this motion be granted and that the proceeding’s caption be

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modified to substitute “Brad Visman, Special Administrator of the Estate of Mason Visman” for

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the name of Mason Visman.
Respectfully submitted,

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DATED: February 14, 2023

DICKENSON, PEATMAN & FOGARTY

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By:

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/s/ Christopher J. Passarelli
Paul W. Reidl
Christopher Passarelli
Brett Leininger
Attorneys for El Dorado Orchards, et al.

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LAW OFFICES OF CATHERINE ASHLEY STRAIGHT

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By: /s/ Catherine Ashley Straight
Catherine Ashley Straight
Attorney for Apple Hill Growers

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LAW OFFICES OF R. MICHAEL WEST

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By: /s/ R. Michael West
R. Michael West
Attorney for Apple Hill Growers
JOINT MOTION TO SUBSTITUTE
ADMINISTRATOR OF ESTATE OF MASON
VISMAN FOR THE DECEASED DEFENDANT/
COUNTER-PLAINTIFF MASON VISMAN

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Case No. 2:17-cv-02085-TLN-CKD

ORDER

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Having the reviewed the Parties’ motion, the Court orders that:
1. Brad Visman, in his role as the special administrator of the Estate of Mason Visman, be

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substituted in this action for the deceased Mason Visman (“Decedent”) as

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Defendant/Counter-Plaintiff, pursuant to Fed. R. Civ. P. 25(a)(1); and

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2. that the proceeding’s caption be modified to substitute “Brad Visman, Special
Administrator of the Estate of Mason Visman” for the name of Mason Visman.

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IT IS SO ORDERED.

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Dated: February 14, 2023
Troy L. Nunley
United States District Judge

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JOINT MOTION TO SUBSTITUTE
ADMINISTRATOR OF ESTATE OF MASON
VISMAN FOR THE DECEASED DEFENDANT/
COUNTER-PLAINTIFF MASON VISMAN

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Case No. 2:17-cv-02085-TLN-CKD