Federal Fruit & Produce Company v. Liborio Markets #9, Inc. et al
Filing
56
ORDER: The Motion to Withdraw 42 is GRANTED. The Motion to Amend 49 is GRANTED. The plaintiff may file an amended complaint on or before November 9, 2012. by Magistrate Judge Boyd N. Boland on 10/26/12. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-01145-WJM-BNB
FEDERAL FRUIT & PRODUCE COMPANY,
Plaintiff,
v.
LIBORIO MARKETS #9, INC.,
LIBORIO MARKETS #11, INC.,
LIBORIO COLORADO HOLDING CO.,
LIBORIO HOLDING CO.,
TRIPLE A GROCERS, INC.,
JOHN ALEJO, individually and in his corporate capacity,
RANDY ALEJO, individually and in her corporate capacity,
ENRIQUE M. ALEJO, individually and in his corporate capacity, and
ENRIQUE J. ALEJO, individually and in his corporate capacity,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on:
(1)
The Unopposed Motion to Withdraw as Counsel of Record for Defendants
John Alejo, Enrique M. Alejo, Enrique J. Alejo [Doc. # 42, filed 9/20/2012] (the “Motion to
Withdraw”); and
(2)
Plaintiff’s Motion for Leave to File Amended Complaint [Doc. # 49, filed
10/5/2012] (the “Motion to Amend”).
I held a hearing on the motions this afternoon and made rulings on the record, which are
incorporated here.
IT IS ORDERED:
(1)
The Motion to Withdraw [Doc. # 42] is GRANTED. John M. Tanner of the law
firm of Fairfield and Woods, P.C., is relieved of any further responsibility in the case.
Defendants John Alejo, Enrique M. Alejo, and Enrique J. Alejo are cautioned that they are
personally responsible for complying with all court orders and time limitations established by
applicable rules, and their failure to comply may result in the imposition of sanctions including
default judgment.
(2)
The Motion to Amend [Doc. # 49] is GRANTED. The plaintiff may file an
amended complaint, on or before November 9, 2012, adding Banco Popular North America, Inc.,
as a defendant and asserting claims against it for conversion, disgorgement, and unlawful
retention of PACA Trust assets.
Dated October 26, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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