Pacific Fruit Inc. v. Long Island Banana Corp. et al

Filing 26

REFERRAL ORDER - The pending motion to intervene (Docket Entry 23) filed by New England Banana Co., Inc. is hereby REFERRED to Magistrate Judge E. Thomas Boyle pursuant to Rule 72(a) of the Federal Rules of Civil Procedure for decision. The parties are directed to address all future filings related to this motion to Judge Boyle. So Ordered by Judge Joanna Seybert on 7/31/12. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
PACIFIC FRUIT INC.,
Plaintiff,

REFERRAL ORDER
11-CV-5650(JS)(ETB)

-againstLONG ISLAND BANANA CORP., THOMAS J.
HOEY, individually and in his corporate
capacity; THOMAS J. HOEY, JR.,
individually and in his corporate
capacity; and DOES 1-10, individually
and in their corporate capacity;
Defendants.
---------------------------------------X
FRUIT IMPORTERS AMERICAS, INC.,
Plaintiff,
11-CV-5651(JS)(ARL)
-againstLONG ISLAND BANANA CORP., THOMAS J.
HOEY, individually and in his corporate
capacity; THOMAS J. HOEY, JR.,
individually and in his corporate
capacity; and DOES 1-10, individually
and in their corporate capacity;
Defendants.
---------------------------------------X
APPEARANCES
For Plaintiffs:
Daniel Frederick Paige, Esq.
Pacific International Services Inc.
60 Park Place, 14th Floor
Newark, NJ 07102
For Defendants:

Seth Ptasiewicz, Esq.
Trivella, Forte & Smith, LLP
1311 Mamaroneck Avenue
White Plains, NY 10605

For Intervening
Plaintiffs:

William A. Cadel, Esq.
1400 Old Country Road, Suite 200
Westbury, NY 11590

Andrew M. Osborne, Esq.
Osborne & Fonte
20 Eastbrook Road
Dedham, MA 02026
SEYBERT, District Judge:
The

pending

motion

to

intervene

(Docket

Entry

23)

filed by New England Banana Co., Inc. is hereby REFERRED to
Magistrate Judge E. Thomas Boyle pursuant to Rule 72(a) of the
Federal Rules of Civil Procedure for decision.

See Commack

Self-Serv. Kosher Meats v. Rubin, 170 F.R.D. 93, 96 (E.D.N.Y.
1996) (stating that motions to intervene are not dispositive
(citing United States v. Certain Real Prop., 751 F. Supp. 1060
(E.D.N.Y.

1989)).

The

parties

are

directed

to

address

future filings related to this motion to Judge Boyle.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

July 31, 2012
Central Islip, NY

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