Jet Pro, Inc. v. Cardile Brothers Mushroom Packaging, Inc.

Filing 24

ORDER by Judge Hamilton denying 12 Motion to Alter Judgment (pjhlc2, COURT STAFF) (Filed on 6/25/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JET PRO, INC.,
Plaintiff,

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ORDER DENYING MOTION TO
AMEND JUDGMENT

CARDILE BROTHERS MUSHROOM
PACKAGING, INC.,

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For the Northern District of California

United States District Court

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v.

No. C 12-0830 PJH

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Defendant.
_______________________________/

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Plaintiff Jet Pro, Inc.’s motion to amend judgment came on for hearing before this

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court on June 20, 2012. Plaintiff Jet Pro, Inc. (“plaintiff”) appeared through its counsel,

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Bernard P. Kenneally. Non-party respondents Cardile Mushrooms C&M, LLC, Cardile

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Brothers Transportation, Inc., Cardile Mushrooms, Inc., Michael Cardile, and Charles E.

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Cardile, Jr. (“non-party respondents”) appeared through their counsel, Michael F.

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Hardiman. Having read the papers filed in conjunction with the motion and carefully

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considered the arguments and the relevant legal authority, and good cause appearing, the

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court hereby DENIES plaintiff’s motion, for the reasons stated at the hearing and as

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follows.

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The court finds that plaintiff has not met its burden with respect to showing a unity of

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interest between defendant Cardile Brothers Mushroom Packaging, Inc. (“defendant”) and

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non-party respondents. As a result, alter ego liability as to non-party respondents cannot

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be established. Because the court does not find the required unity of interest, it is not

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necessary to address the jurisdictional concerns or the evidentiary objections raised by

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non-party respondents.

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IT IS SO ORDERED.
Dated: June 25, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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