Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al,
Plaintiff: Kingsburg Apple Packers, Inc. and David Del Curto, S.A.
Defendant: Ballantine Produce Co., Inc., Virgil E. Rasmussen, David S. Albertson, Eric Albertson and Jerry DiBuduo
Case Number: 1:2009cv00901
Filed: May 21, 2009
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Fresno
Presiding Judge: Sandra M. Snyder
Presiding Judge: Anthony W. Ishii
Nature of Suit: None
Cause of Action: 07:499 Agricultural Commodities Act
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 11, 2013 Opinion or Order Filing 327 FINDINGS and RECOMMENDATIONS Dismissing the Intervenor Complaint of DiBudio Land Management for Failure to Prosecute and Failure to Comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 9/11/2013. Referred to Judge Ishii. Objections to F&R due within 14 days. (Hall, S)
August 29, 2013 Opinion or Order Filing 326 ORDER to Intervenor Plaintiff Dibuduo Land Management to SHOW CAUSE Why the Intervenor Complaint Should Not Be Dismissed for Failure to Prosecute, signed by Magistrate Judge Jennifer L. Thurston on 8/29/2013. Show Cause Response due by 9/9/2013. (Hall, S)
March 19, 2013 Opinion or Order Filing 325 MEMORANDUM, OPINION and ORDER on 315 Defendant Ballantine Product Co., Inc.'s Motion for Relief From Judgment signed by District Judge Anthony W. Ishii on 3/15/2013. The Court's order of August 10, 2012, ordering closure of the interve nor action as to DiBuduo Land Management is hereby VOID. DLMCO is hereby notified that its dismissal pursuant to Rule 41(a)(1)(A)(i) is improperly filed and it therefore DISREGARDED. DLMCO may file and serve a motion for voluntary dismissal pursuant to Rule 41(a)(2) if desired. (Jessen, A)
January 11, 2013 Opinion or Order Filing 324 ORDER VACATING hearing date of January 14, 2013, and taking matter under submission, signed by District Judge Anthony W. Ishii on 1/11/2013. (Figueroa, O)
November 27, 2012 Opinion or Order Filing 314 ORDER to Third Party Plaintiff Jerry DiBuduo to Provide a Status Report Regarding His Claims, signed by Magistrate Judge Jennifer L. Thurston on 11/27/2012. (Hall, S)
November 16, 2012 Opinion or Order Filing 313 ORDER On Plaintiffs In Intervention's Requested Dismissal And Dismissing The Separate Complaints In Intervention Of Commercial Greenvid, S.A. C y D Comerico y Desarrollo Internacional, and Sofruco Alimentos LTDA (Doc. Nos. 53 , 62 , 69 , 296 , 297 , 299 ), signed by District Judge Anthony W. Ishii on 11/15/2012. (Fahrney, E)
November 15, 2012 Opinion or Order Filing 311 ORDER Adopting FINDINGS AND RECOMMENDATION, And Order Dismissing The Complaint In Intervention Of Lobue Bros., Inc. (Doc. Nos. 36 , 307 ), signed by Senior Judge Anthony W. Ishii on 11/14/2012. (Fahrney, E)
October 19, 2012 Opinion or Order Filing 310 ORDER DISMISSING Third-Party Plaintiffs Ballantine Produce Co., Inc., David S. Albertson and Eric Albertson's Complaint Against, John D. Pelton & Associates, Inc. and John D. Pelton, signed by Chief Judge Anthony W. Ishii on 10/19/2012. (Jessen, A)
October 11, 2012 Opinion or Order Filing 308 ORDER Dismissing Intervenor Complaint, signed by Chief Judge Anthony W. Ishii on 10/10/12. (Gonzalez, R)
October 10, 2012 Opinion or Order Filing 307 FINDINGS and RECOMMENDATIONS Dismissing the Intervenor Complaint Filed by LoBue Bros., Inc., for Failure to Prosecute and Obey the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 10/10/2012. Referred to Chief Judge Anthony W. Ishii. Objections to F&R due by 10/24/2012. (Hall, S)
September 28, 2012 Opinion or Order Filing 300 ORDER to Intervenor Plaintiff Spectrum Produce Distributing to SHOW CAUSE Why the Intervenor Complaint Should Not Be Dismissed for Failure to Prosecute, signed by Magistrate Judge Jennifer L. Thurston on 9/28/2012. (Hall, S)
August 10, 2012 Opinion or Order Filing 292 ORDER Closing the Intervenor Action in this Case Due to Voluntary Dismissal of Intervenor Plaintiff without Prejudice, signed by Chief Judge Anthony W. Ishii on 8/10/12. DiBuduo Land Management terminated. (Verduzco, M)
March 5, 2012 Opinion or Order Filing 283 ORDER Granting 265 and 269 Motions for Leave to Amend signed by Magistrate Judge Jennifer L. Thurston on 3/5/2012. (Leon-Guerrero, A)
September 29, 2011 Opinion or Order Filing 261 STIPULATION and NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AND ORDER, signed by Chief Judge Anthony W. Ishii on 09/28/2011. Bank of the West, Bank of the West, Richard Graham, Redwood Farms, Inc., Wagon Wheel Farms, Inc., Babijuice Corp. of California, Inc. and Bank of the West terminated. (Martin-Gill, S)
April 13, 2011 Opinion or Order Filing 257 ORDER Granting Wagon Wheel's 249 Motion for Final Judgment Against Ballantine signed by Chief Judge Anthony W. Ishii on 04/12/2011. (Flores, E)
April 6, 2011 Opinion or Order Filing 255 ORDER vacating hearing date of April 11, 2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 4/6/11. (Nazaroff, H)
April 1, 2011 Opinion or Order Filing 254 Order Denying In Part and Granting In Part Stipulation to Amend Scheduling Order signed by Magistrate Judge Jennifer L. Thurston on 4/1/2011. Non Expert Discovery deadline is 8/29/2011, and the Settlement Conference RESET for 1/30/2012 at 10:00 AM in Fresno, Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A)
March 28, 2011 Opinion or Order Filing 252 ORDER Denying in part and Granting in part Defendant Virgil Rasmussen's 210 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 03/25/2011. (Flores, E)
February 16, 2011 Opinion or Order Filing 247 ORDER GRANTING 237 Motion for Summary Judgment, signed by Chief Judge Anthony W. Ishii on 02/16/2011. (Martin, S)
February 10, 2011 Opinion or Order Filing 246 ORDER ADOPTING 235 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Anthony W. Ishii on 02/08/2011. (Flores, E)
February 9, 2011 Opinion or Order Filing 245 ORDER Vacating February 14, 2011 Hearing Date and Taking Matter Under Submission signed by Chief Judge Anthony W. Ishii on 02/09/2011. (Flores, E)
December 6, 2010 Opinion or Order Filing 235 FINDINGS and RECOMMENDATION Granting Motion for Determination of Good Faith Settlement signed by Magistrate Judge Jennifer L. Thurston on 12/6/2010. Objections to F&R due by 12/20/2010. (Leon-Guerrero, A)
October 11, 2010 Opinion or Order Filing 227 ORDER DENYING, as moot, defendants' Motion to Dismiss, document 205 ; order signed by Chief Judge Anthony W. Ishii on 10/8/2010. (Rooney, M)
September 21, 2010 Opinion or Order Filing 224 ORDER Dismissing Claims Against Defendants In Light Of Stipulation For Dismissal, signed by Chief Judge Anthony W. Ishii on 9/20/2010. (Scrivner, E)
September 20, 2010 Opinion or Order Filing 222 ORDER Dismissing Claims Against Defendants In Light Of Stipulation For Dismissal, signed by Chief Judge Anthony W. Ishii on 9/17/2010. It is ORDERED that the Kingsburg Group's claims against Defendants Ballantine Produce Co., Inc., Virgil E. Ras mussen; David S. Albertson; Eric Albertson; and Jerry DiBuduo are dismissed without prejudice the in light of the filed and properly signed Rule(a)(1)(A)(ii) Stipulation Of Dismissal. Each Party is to bear its own attorney's fees and costs.(Scrivner, E)
September 15, 2010 Opinion or Order Filing 219 ORDER vacating hearing date of September 20, 2010 and taking matters under submission. signed by Chief Judge Anthony W. Ishii on 9/15/10. (Nazaroff, H)
July 16, 2010 Opinion or Order Filing 202 ORDER granting 172 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 7/16/2010. Wagon Wheel may file an amended complaint by 7/30/2010. (Lundstrom, T)
July 6, 2010 Opinion or Order Filing 201 ORDER granting 159 Motion to Dismiss by defendant Bank of the West. Banks motion to dismiss Wagon Wheels Sixth, Eighth, Ninth, and Tenth claims against it is GRANTED with leave to amend; and Wagon Wheel is to file an amended complaint on or by July 20, 2010. signed by Chief Judge Anthony W. Ishii on 7/3/10. ( Amended Complaint due by 7/20/2010)(Robles, S)
June 28, 2010 Opinion or Order Filing 200 ORDER Granting 176 Joint Motion and 182 Amended Joint Motion for Approval of Stipulation and Order Authorizing Receiver to Distribute Funds with Respect to PACA Claims signed by Chief Judge Anthony W. Ishii on 06/25/2010. (Flores, E)
June 17, 2010 Opinion or Order Filing 199 ORDER vacating hearing date of June 21, 2010 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 6/16/2010. (Nazaroff, H)
June 3, 2010 Opinion or Order Filing 185 ORDER vacating hearing date of June 7, 2010 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 6/3/2010. (Nazaroff, H)
April 27, 2010 Opinion or Order Filing 174 STIPULATION and ORDER resetting Initial Scheduling Conference from 5/3/2010 to 7/1/2010 at 09:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston - signed by Magistrate Judge Jennifer L. Thurston on 4/27/2010. (Leon-Guerrero, A)
April 6, 2010 Opinion or Order Filing 170 ORDER GRANTING 169 Stipulation and Proposed Order to extend April 5, 2010 deadline to file motions to determine validity of PACA Trust Claims, signed by Chief Judge Anthony W. Ishii on 04/5/2010.(Motions filed by 5/5/2010) (Martin, S)
February 18, 2010 Opinion or Order Filing 150 ORDER on Dibuduo's Motion to Determine the Validity of PACA Claims, 119 , signed by Chief Judge Anthony W. Ishii on 2/18/2010. (Timken, A)
February 9, 2010 Opinion or Order Filing 147 ORDER on Wagon Wheel's Motion to Determine the Validity of PACA Claims 117 signed by Chief Judge Anthony W. Ishii on 2/9/2010. (Timken, A)
February 3, 2010 Opinion or Order Filing 144 ORDER GRANTING 108 Spectrum Produce Distributing, Inc.'s Motion for Leave to Intervene and File PACA Proof of Claim Out of Time, Signed by Magistrate Judge Jennifer L. Thurston on 2/3/2010. (Arellano, S.)
January 26, 2010 Opinion or Order Filing 141 ORDER VACATING February 1, 2010 hearing date RE: Motion to Amend the Complaint and taking matter under submission, signed by Magistrate Judge Jennifer L. Thurston on 1/26/2010. (Kusamura, W)
December 8, 2009 Opinion or Order Filing 134 ORDER vacating December 14, 2009 hearing date and taking matters under submission. Order signed by Chief Judge Anthony W. Ishii on 12/8/2009. (Timken, A)
October 28, 2009 Opinion or Order Filing 116 ORDER granting joint motion to amend paragraph 39 of the consent injunction order signed by Chief Judge Anthony W. Ishii on 10/28/09. (Nazaroff, H)
July 6, 2009 Opinion or Order Filing 41 ORDER on Intervenor Plaintiff Lobue's limited Objections to Consent Injunction and Emergency Motion for Relief from Order re 34 Objections filed by LoBue Bros., Inc. signed by Chief Judge Anthony W. Ishii on 7/2/09. (Gil-Garcia, A)
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Search for this case: Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al,
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Plaintiff: Kingsburg Apple Packers, Inc.
Represented By: Lawrence H. Meuers
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Plaintiff: David Del Curto, S.A.
Represented By: Lawrence H. Meuers
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Defendant: Ballantine Produce Co., Inc.
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Defendant: Virgil E. Rasmussen
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Defendant: David S. Albertson
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Defendant: Eric Albertson
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Defendant: Jerry DiBuduo
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