Rabo Agrifinance, LLC v. Pamma et al

Filing 38

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 3/11/2025 ORDERING Plaintiff to File their First Amended Complaint attached to the 23 Stipulation. (Deputy Clerk OML)

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J. JACKSON WASTE, SBN 289081
KENDALL M. LOVELL, SBN 324881
FENNEMORE DOWLING AARON
8080 N. Palm Avenue, Third Floor
Fresno, CA 93711
T: [phone] / F: [phone]
E: [e-mail];
[e-mail]
Attorneys for Plaintiff RABO AGRIFINANCE, LLC,
a Delaware limited liability company

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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RABO AGRIFINANCE LLC, a Delaware
limited liability company,

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Plaintiff,
v.

Case No. 2:24-CV-01392-CKD
STIPULATION FOR PLAINTIFF TO
FILE FIRST AMENDED COMPLAINT
AND ORDER THEREON

SUKHRAJ PAMMA, an individual; JASMIN
PAMMA,
an
individual;
IMPERIAL
ORCHARDS, LLC, a California limited
liability company; SUTTER BUTTES
MERCANTILE LLC, a California limited
liability company; SHINDA UPPLE, an
individual; AJMAIL SANGHA, an individual;
VCRAF AGIS CALIFORNIA NUTS LLC, a
Delaare limited liability company; and MAY
AVENUE INVESTMENTS,
Defendants.

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Plaintiff Rabo Agrifinance LLC (“Plaintiff”) and Defendants Sukhraj Pamma (“Mr.

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Pamma”), Jasmin Pamma (“Ms. Pamma”), Imperial Orchards, LLC (“Imperial”), Sutter

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Buttes Mercantile LLC (“Sutter”), Shinda Upple (“Ms. Upple”), Ajmail Sangha (“Mr.

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Sangha”), VCRAF Agis California Nuts LLC (“VCRAF”) and May Avenue Investment

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(“May Avenue”) (collectively, “Defendants”), by and through their respective counsel of

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record, respectfully submit the following Stipulation for Plaintiffsto File First Amended Complaint

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FENNEMORE LLP

ATTORNEYS AT LAW
IRVINE

STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND ORDER
THEREON

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and Proposed Order Thereon pursuant to Federal Rule of Civil Procedure 15 and Local Rules 143,

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200 and 220.

I.

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WHEREAS, on May 15, 2024, Plaintiff filed its complaint in the United States

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District Court, Eastern District of California for judicial foreclosure, damages, and other

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relief (ECF No. 1) (the “Complaint”).
WHEREAS, on June 27, 2024, Mr. Pamma, Ms. Pamma, Imperial, Sutter, Ms.

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Upple, and Mr. Sangha filed their answer to the Complaint (ECF No. 12).
WHEREAS, on July 9, 2024, VCRAF filed its answer to the Complaint (ECF No.

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14).
WHEREAS, on August 29, 2024, Plaintiff obtained new counsel of record (ECF No.

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21).

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WHEREAS, based on their investigation, Plaintiff’s new counsel of record feels the

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issues currently before the Court can be streamlined to better utilize the parties’ and the

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Court’s valuable time and resources.

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WHEREAS, Plaintiff now wishes to file a First Amended Complaint in order to

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dismiss, without prejudice, the Twenty-First, Twenty-Second, Twenty-Third, Twenty-

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Fourth, Twenty-Fifth, and Twenty-Sixth causes of action in the Complaint. A true and

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accurate copy of the proposed First Amended Complaint with exhibits and revised civil

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cover sheet is attached hereto as Exhibit “A”. Good cause exists for Plaintiff to be

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permitted to file this amended pleading because the need to dismiss the aforementioned

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causes of action without prejudice was not confirmed until Plaintiff had obtained new

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counsel and Plaintiff’s new counsel had time to review additional documentation pertaining

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to this litigation. Further, the Defendants will not be prejudiced by the amendment, and leave

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to amend must be freely given when justice so requires. (Fed. Rules Civ. Proc. Rule 15).

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FENNEMORE LLP

ATTORNEYS AT LAW
IRVINE

RECITALS

Accordingly, Plaintiff and Defendants desire to enter into this Stipulation and Order upon
the terms and conditions contained herein.
-2STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND ORDER
THEREON

II.

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STIPULATION

THEREFORE, Plaintiff and Defendants, by and through their respective counsel of
record, hereby stipulate and agree and request that the Court order that:
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Plaintiffs may file their First Amended Complaint in the form attached as Exhibit

“A” to this Stipulation.
IT IS SO STIPULATED.

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Respectfully submitted,

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FENNEMORE DOWLING AARON

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DATED: March 11, 2025

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By: /s/
J. JACKSON WASTE

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Attorneys for Plaintiff RABO
AGRIFINANCE, LLC

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LOEB & LOEB LLP

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DATED: March 11, 2025

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By: /s/
BERNARD R. GIVEN II

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Attorneys for Defendants SUKHRAG
PAMMA, JAISMIN PAMMA,
IMPERIAL ORCHARDS, LLC,
SUTTER BUTTES MERCANTILE,
LLC, SHINDA UPPLE, and AJMAIL
SANGHA

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HERUM CRABTREE SUNTANG

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DATED: March 11, 2025

By: /s/
JEANNE M. ZOLEZZI

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Attorneys for Defendant VCRAF AGIS
CALIFORNIA NUTS, LLC

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FENNEMORE LLP

ATTORNEYS AT LAW
IRVINE

-3STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND ORDER
THEREON

ORDER

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Based on the foregoing Stipulation, and good cause appearing, it is hereby ordered that:

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1.

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Plaintiff may file their First Amended Complaint in the form attached as Exhibit

“A” to this Stipulation.

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IT IS SO ORDERED.

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DATED this 11th day of March, 2025.

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/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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FENNEMORE LLP

ATTORNEYS AT LAW
IRVINE

-4STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT AND ORDER
THEREON