Onions Direct LLC v. Deccio et al

Filing 76

ORDER Granting 68 the Joint Motion to Substitute AmericanWest Bank as Plaintiff and Dismiss AmericanWest Bank as Defendant. AmericanWest Bank added as Plaintiff. AmericanWest Bank terminated as Defendant. Signed by Senior Judge Edward F. Shea. (PL, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

ONIONS DIRECT, LLC; GENE WHEELER
FARMS INC; and RCF PRODUCE, INC.,

CV-12-5159-EFS

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ORDER GRANTING THE JOINT MOTION
TO SUBSITUTE AMERICANWEST BANK AS
PLAINTIFF AND DISMISS
AMERICANWEST BANK AS DEFENDANT

Plaintiffs,
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v.
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JOSEPH DECCIO and JANE DOE DECCIO,
individually and the marital
community comprised thereof;
MICHAEL KLICKER and JANE DOE
KLICKER, individually and the
marital community comprised
thereof; NICK J. TARUSCIO and JANE
DOE TARUSCIO, individually and the
marital community comprised
thereof; PAUL CASTOLDI and JANE DOE
CASTOLDI, individually and the
marital community comprised
thereof; NATHAN CASTOLDI and JANE
DOE CASTOLDI, individually and the
marital community comprised
thereof; BRYON F. MAGNAGHI and JANE
DOE MAGNAGHI, individually and the
marital community comprised
thereof,; and AMERICANWEST BANK,
INC.,
Defendants.

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Before

the

Court,

without

oral

argument,

is

the

Motion

to

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Substitute AmericanWest Bank as Plaintiff and Dismiss AmericanWest

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Bank

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AmericanWest

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Plaintiffs and AmericanWest Bank’s settlement agreement whereby they

as

ORDER - 1

Defendant,
Bank,

filed

Inc.

jointly
ECF

No.

by
68.

Plaintiffs
This

motion

and
is

Defendant
based

on

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agreed:

1)

Plaintiffs

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Commodities Act (PACA) claims against the remaining Defendants to

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AmericanWest Bank, and AmericanWest Bank will be substituted as the

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plaintiff,

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AmericanWest Bank.

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Klicker, Nick J. Taruscio, Paul Castoldi, and Nathan Castoldi oppose

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the motion, concerned that AmericanWest’s substitution as plaintiff

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will hinder their ability to argue that AmericanWest Bank is the

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responsible party for any PACA violations or breach of the PACA trust.

and

2)

will

assign

Plaintiffs

their

will

ECF No. 71.

Perishable

dismiss

their

Agricultural

claims

against

Defendants Joseph Deccio, Michael

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ECF No. 72.

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deny the motion.

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the Court permits AmericanWest to be substituted in as Plaintiff in

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this lawsuit given Plaintiffs’ assignment of their rights as to the

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remaining Defendants to AmericanWest Bank.

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counterclaims

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AmericanWest

by

the

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AmericanWest

Bank

as

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rulings do not affect the remaining Defendants’ ability to seek leave

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of

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AmericanWest Bank.

Court

to

Based on the current record, the Court finds no basis to
Pursuant to Federal Rule of Civil Procedure 25(c),

against

file

Plaintiffs
remaining
a

or

As there are no pled

any

cross-claims

Defendants,

defendant

counterclaims

pursuant

or

the
to

Court

Rule

affirmative

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1.

dismisses

41(a).

defenses

These

against

Accordingly, IT IS HEREBY ORDERED:

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against

The Motion to Substitute AmericanWest Bank as Plaintiff and

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Dismiss

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GRANTED.

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2.

AmericanWest

AmericanWest

Bank

is

Bank

as

Defendant,

DISMISSED

as

a

ECF

No.

68,

is

defendant,

and

is

SUBSTITUTED as the Plaintiff in this lawsuit.

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ORDER - 2

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3.

The case caption is to be AMENDED as follows:
AMERICANWEST BANK,

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Plaintiff,

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v.

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JOSEPH DECCIO and JANE DOE DECCIO, individually and the
marital community comprised thereof; MICHAEL KLICKER and
JANE DOE KLICKER, individually and the marital community
comprised thereof; NICK J. TARUSCIO and JANE DOE TARUSCIO,
individually and the marital community comprised thereof;
PAUL CASTOLDI and JANE DOE CASTOLDI, individually and the
marital community comprised thereof; NATHAN CASTOLDI and
JANE DOE CASTOLDI, individually and the marital community
comprised thereof; BRYON F. MAGNAGHI and JANE DOE MAGNAGHI,
individually and the marital community comprised thereof,

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Defendants.
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IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and provide copies to all counsel.
DATED this 7th day of February 2014.

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s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2012\5159.subst.am.westbank.lc1.docx

ORDER - 3