Major Farms, Inc v. Salyer American Fresh Foods et al

Filing 87

ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANTS BANK OF THE WEST AND RECEIVER STEVE FRANSON ONLY re 84 . Signed by Judge Jeremy Fogel on 7/13/11. (dlm, COURT STAFF) (Filed on 7/21/2011)

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1 Effie F. Anastassiou, Esq. (State Bar #96279) Karli R. Jungwirth, Esq. (State Bar #227956) 2 ANASTASSIOU & ASSOCIATES 242 Capitol Street 3 Post Office Box 2210 Salinas, California 93902 4 Telephone: (831) 754-2501 FaCSimile: (831) 754-0621 5 Attorneys for Plaintiff 6 MAJOR FARMS, INC. 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 10 HIGASHI FARMS, INC., a corporation; K&S ) FARMS, LLC, a limited liability company; M. ) 11 NISHIMORI FARMS, INC., a corporation; ) MANN PACKING CO., INC., a corporation; ) 12 MARTIN JEFFERSON & SONS, a) partnership; MERRILL FARMS, LLC, a) 13 limited liability company; NEW STAR) FRESH FOODS, LLC, a limited liability) 14 company; TAYLOR FARMS CALIFORNIA, ) INC., a corporation; ) 15 Plaintiffs, )1 16 v. ) 17 BANK OF THE WEST, a California banking) 18 corporation, as Administrative Agent for) itself, AGSTAR FINANCIAL SERVICES,) 19 PCAlFLCA, and FCS FINANCIAL, PCA; ) STEVE FRANSON, as Receiver for SALYER) 20 AMERICAN FRESH FOODS, a California) Corporation, ) 21 ) Defendants. ) 22 ) 23 AND ALL RELATED ACTIONS. Case Nos.: 09-CV-04983-JF 09-CV -04985-JF 09-CV-04207-JF PLAINTIFF MAJOR FARMS, INC.'S NOTICE OFWITHDRAWALOFPACA TRUST CLAIM AND AGREED DISMISSAL OF COMPLAINT AND REQUEST FOR DISMISSAL WITH PREJUDICE AS TO DEFENDANTS BANK OF THE WEST AND RECEIVER STEVE FRANSON ONLY AND ------------------- ORDER [PROPOSED] REGARDING DISMISSAL ~ 24 25 26 27 28 HiQ.ashi Fanns. Inc .. v. Salyer American Fresh Foods. et al. Case No. C09-04985-JF Plaintiff Major Farms, Inc. 's Request for Dismissal 1 1 Pursuant to the Stipulation to Resolve and Release Claims of Major Farms, Inc. and Dismiss 2 Pending complaint/Complaint in Intervention andlor Withdrawal of Claim dated May 20, 2011, 3 concurrently filed herewith as ECF No. 83, Plaintiff Major Farms, Inc. hereby gives notice that it is 4 withdrawing its PACA Trust Claim, as to Defendants Bank of the West and Receiver Steven Franson 5 only, and it respectfully requests tlmt this Court dismiss Major Farms, Inc.'s Complaint as to Defendants 6 Bank of the West and Receiver Steve Franson only. 7 ~ -l ()- "--. ANAS 8 Dated: June 22, 2011 By: 9 10 IOU ( , ASSOCIATES lsi Effie F. Anastassiou Effie F. Anastassiou, Esq. Attorneys for Plaintiff, Major Farms, Inc. 11 ORDER 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED that Major Farms, Inc.'s Complaint is 14 dismissed as to Defendants Bank of the West and Receiver Steven Franson only. 15 SO ORDERED. 16 7/13/11 17 Dated: _ _ _ _ _ _ _ _ _ __ , United States District Court Judge Jeremy Fogel 18 19 F:\MAJ\SaJyer Ameripan Fresh Foods, Inc\PJeadings\Stip for Dismissal\Major's Request for Dismissal. wpd 20 21 22 23 24 25 26 27 28 Higashi Farms. Inc .. v. Salver American Fresh Foods. et al. Case No. C09-04985-JF PJaintiffMajor Farms, Inc.'s Request for Dismissal 2

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