Braga Ranch, Inc. v. Salyer American Fresh Foods et al

Filing 7

ORDER GRANTING HIGASHI FARMS, INC., ET AL.'S ADMINISTRATIVE MOTION TO RELATE CASE NUMBER CV-09-4983-JF. Signed by Judge Jeremy Fogel on 11/3/2009. (jflc3, COURT STAFF) (Filed on 11/3/2009) Modified on 11/13/2009 (dlm, COURT STAFF).

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 BRAGA RANCH, INC., a corporation; 10 11 vs. 12 13 14 15 16 17 18 Defendants. 19 20 21 22 23 24 25 [PROPOSED] Order ­ Page 1 HIGASHI FARMS, INC., a corporation; K&S FARMS, LLC, a limited liability company; M. NISHIMORI FARMS, INC., a corporation; MANN PACKING CO., INC., a corporation; MARTIN JEFFERSON & SONS, a partnership; MERRILL FARMS, LLC, a limited liability company; NEW STAR FRESH FOODS, LLC, a limited liability company; TAYLOR FARMS CASE NO. C-09-04983-JW Plaintiff, [PROPOSED] ORDER GRANTING -----------------HIGASHI FARMS, INC., ET AL.'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES ARE RELATED CASE NO. C-09-04207-JF **E-Filed 11/3/09**

SALYER AMERICAN FRESH FOODS, a California corporation; SCOTT SALYER, an individual; ERIC SCHWARTZ, an individual; JOHN BRYCE, an individual; [N.D. Cal. Civ. L.R. 3-12, 7-11] ALLAN SABATIER, an individual; MARK MCCORMICK, an individual; STEVE FRANSON, as receiver appointed in the case of Bank of the West v. Salyer American Fresh Foods, Salyer American Cooling, Monterey County Superior Court Case Number GNM98573,

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CALIFORNIA, INC., a corporation; Plaintiffs, vs. BANK OF THE WEST, a California banking corporation, As Administrative Agent for itself, AGSTAR FINANCIAL SERVICES, PCA/FLCA, and FCS FINANCIAL, PCA; STEVE FRANSON, as Receiver for SALYER AMERICAN FRESH FOODS, a California Corporation, Defendants.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [PROPOSED] Order ­ Page 2 DATED: 11/3/2009 THE HONORABLE JEREMY FOGEL UNITED STATES DISTRICT COURT This matter comes before the Court on Higashi Farms, Inc., et al.'s Administrative Motion to Consider Whether Case Should be Related, filed on October 28, 2009, pursuant to Civil Local Rule 3-12. The Court, having fully considered the papers and pleadings on file and submitted in support of the Motion, and good cause appearing, IT IS ORDERED THAT Higashi Farms, Inc., et al.'s Administrative Motion to Consider Whether Case Should be Related is granted, and IT IS FURTHER ORDERED that the following cases are related within the meaning of Local Rule 3-12: Braga Ranch,, Inc. v. Salyer American Fresh Foods, et al. No. 5:09-cv-04207-JF Higashi Farms, Inc. v. Bank of West, et al. No. C-09-04983-HRL