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)
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.
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8
IN THE UNITED STATES DISTRICT COURT
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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.
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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,
)
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Defendants.
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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
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HiQ.ashi Fanns. Inc .. v. Salyer American Fresh Foods. et al.
Case No. C09-04985-JF
Plaintiff Major Farms, Inc. 's Request for Dismissal
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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.
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-l ()-
"--.
ANAS
8 Dated: June 22, 2011
By:
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10
IOU
(
,
ASSOCIATES
lsi Effie F. Anastassiou
Effie F. Anastassiou, Esq.
Attorneys for Plaintiff,
Major Farms, Inc.
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ORDER
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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.
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SO ORDERED.
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7/13/11
17 Dated: _ _ _ _ _ _ _ _ _ __
, United States District Court Judge Jeremy Fogel
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F:\MAJ\SaJyer Ameripan Fresh Foods, Inc\PJeadings\Stip for Dismissal\Major's Request for Dismissal. wpd
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Higashi Farms. Inc .. v. Salver American Fresh Foods. et al.
Case No. C09-04985-JF
PJaintiffMajor Farms, Inc.'s Request for Dismissal
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