Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Justia Dockets & Filings Ninth Circuit California Eastern District Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Plaintiff:	Onions Etc., Inc. and Duda Farm Fresh Foods, Inc.
Defendant:	Z & S Fresh, Inc., Martin J Zaninovich, Loren Schoenburg and Marge Schoenburg
Case Number:	1:2009cv00906
Filed:	May 22, 2009
Court:	U.S. District Court for the Eastern District of California
Office:	Fresno Office
County:	Fresno
Presiding Judge:	Sandra M. Snyder
Presiding Judge:	Oliver W. Wanger
Nature of Suit:	None
Cause of Action:	07 U.S.C. § 499 Agricultural Commodities Act
Jury Demanded By:	None

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Date Filed	Document Text
April 17, 2017	Filing 986 ORDER CLOSING CASE signed by Magistrate Judge Michael J. Seng on 4/14/2017. CASE CLOSED. (Jessen, A)
March 20, 2017	Filing 985 NOTICE OF COURTS INTENT TO CLOSE CASE; TWENTY-ONE (21) DAY RESPONSE DEADLINE, signed by Magistrate Judge Michael J. Seng on 3/18/2017. (Lafata, M)
May 25, 2016	Filing 978 ORDER Following Settlement; Vacating Dates signed by Magistrate Judge Stanley A. Boone on 5/25/2016. (Valdez, E)
May 18, 2016	Filing 968 ORDER SETTING SETTLEMENT CONFERENCE FOR MAY 25, 2016 AT 9:00 A.M. AND NOTIFYING PARTIES OF REQUIREMENTS FOR SETTLEMENT CONFERENCE. Signed by Magistrate Judge Stanley A. Boone on 5/18/2016. (Hernandez, M)
May 4, 2016	Filing 959 Order On Objections To Pretrial Order (ECF No. 955 and 956),signed by Magistrate Judge Michael J. Seng on 05/04/2016. (Yu, L)
February 29, 2016	Filing 944 Order Granting In Part and Denying In Part Defendant Fresno Madera Land Bank's Motion For Reconsideration and/or Clarification (ECF No.936) signed by Magistrate Judge Michael J. Seng on 2/29/2016. (Yu, L)
February 1, 2016	Filing 938 Order Regarding Presentation Of Punitive Damages ECF No. 931 , signed by Magistrate Judge Michael J. Seng on 2/1/2016. (Yu, L)
January 25, 2016	Filing 935 Order Denying Defendant Fresno Madera Land Bank's Motion To Strike Jury Demand (ECF No. 913), signed by Magistrate Judge Michael J. Seng on 1/23/2016. (Yu, L)
December 23, 2015	Filing 932 ORDER granting in part defendant Fresno Madera Land Bank's motion in limine, document 911 . Order signed by Magistrate Judge Michael J. Seng on 12/23/2015. (Rooney, M)
December 22, 2015	Filing 931 ORDER for supplemental briefing regarding punitive damages, document 916 . The Court seeks further briefing from the parties setting forth their proposals or stipulation on this issue as well as authority for proceeding as they propose. The suppl emental briefing should be short, no more than five (5) pages in length, and filed on or before January 22, 2016. The Court will then issue an order regarding how it will proceed. Order signed by Magistrate Judge Michael J. Seng on 12/21/2015. (Rooney, M)
June 26, 2015	Filing 897 ORDER TO CONTINUE SCHEDULING CONFERENCE. The Scheduling Conference is now set for September 4, 2015 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 06/26/2015. (Yu, L)
May 6, 2015	Filing 895 ORDER GRANTING the parties' request for a continuance of the Scheduling Conference currently set for 5/8/2015 and CONTINUING it to 7/2/2015 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Order signed by Magistrate Judge Michael J. Seng on 5/5/2015. (Rooney, M)
May 5, 2015	Filing 894 ORDER signed by District Judge Anthony W. Ishii on 5/5/2015. (Sant Agata, S)
July 3, 2013	Filing 881 ORDER GRANTING 879 Judgment in the Sole Favor of Frank A. Logoluso Farms, signed by District Judge Anthony W. Ishii on 7/2/2013. (Marrujo, C)
June 28, 2013	Filing 880 ORDER vacating hearing of July 1, 2013 and taking matter under submission. signed by District Judge Anthony W. Ishii on 6/28/13. (Nazaroff, H)
May 9, 2013	Filing 877 ORDER ON TRUSTEES MOTION TO APPROVE FINAL REPORT AND ACCOUNTING AND REQUEST TO RELIEVE TRUSTEE, TERENCE J. LONG, FROM HIS DUTIES AND TO CLOSE THE TRUST signed by District Judge Anthony W. Ishii on 5/9/2013. (Lundstrom, T)
March 27, 2013	Filing 871 ORDER Vacating March 29, 2013 Status Conference and requiring parties to submit Status Report. signed by District Judge Anthony W. Ishii on 3/27/13. (Nazaroff, H)
March 22, 2013	Filing 870 JUDGMENT Following Acceptance of Defendant Martin J. Zaninovich's Offer of Judgment pursuant to Federal Rule of Civil Procedure Rule 68 by Plaintiff; ORDERED that Judgment is entered In Favor of Plaintiff as Against Defendant Martin J. Zaninovich, in the cumulative sum of $3,317,859.50, signed by District Judge Anthony W. Ishii on 03/21/2013. (Martin-Gill, S)
February 27, 2013	Filing 869 STIPULATION and ORDER TO CONTINUE JUDGMENT DEBTOR EXAMINATION OF ARON MARGOSIAN. Judgment Debtor Exam is now set for 4/5/2013 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 2/26/2013. (Yu, L)
February 4, 2013	Filing 866 STIPULATION For Voluntary Dismissal; ORDER, signed by District Judge Anthony W. Ishii on 2/1/2013. (Fahrney, E)
February 1, 2013	Filing 865 STIPULATION For Voluntary Dismissal; ORDER, signed by District Judge Anthony W. Ishii on 1/31/2013. (Fahrney, E)
November 29, 2012	Filing 858 STIPULATION and ORDER to Continue Judgment Debtor Examination of Carrie Margosian (Doc. 856 ), Signed by Magistrate Judge Michael J. Seng on 11/28/2012. The Judgment Debtor Examination set for 11/30/2012 is CONTINUED to 1/11/2013 at 09:30 AM in Courtroom 6 before Magistrate Judge Michael J. Seng. (Arellano, S.)
November 19, 2012	Filing 854 ORDER Requiring Appearance of Aron Margosian at Judgment Debtor Examination and Production of Documents signed by Magistrate Judge Michael J. Seng on 11/17/2012. Motion Hearing set for 11/30/2012 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Flores, E)
July 27, 2012	Filing 837 ORDER Directing Entry of Judgment Following Summary Judgment in Favor of Intervenor Defendant Fresno-Madera Federal Land Bank Association, FLCA, signed by Magistrate Judge Michael J. Seng on 07/26/2012. (Flores, E)
July 24, 2012	Filing 835 ORDER GRANTING 778 Motion for Summary Judgment by Intervenor Defendant Fresno-Madera Federal Land Bank Association, FLCA signed by Magistrate Judge Michael J. Seng on 07/23/2012. (Yu, L)
May 18, 2012	Filing 826 CORRECTIONAL ORDER; ORDER Withdrawing 823 Order for Severance; and ORDER for Separate Trials Under Federal Rule of Civil Procedure 42(b), signed by Chief Judge Anthony W. Ishii on 5/18/12. (Verduzco, M)
May 15, 2012	Filing 823 ORDER For Serverance Of Claims And Assignment Of Specified Severed Claim To Magistrate Judge For All Purposes, signed by Chief Judge Anthony W. Ishii on 5/14/2012. (Fahrney, E)
February 16, 2012	Filing 803 STIPULATION and ORDER for VOLUNTARY DISMISSAL signed by Chief Judge Anthony W. Ishii on 2/15/2012. (Sant Agata, S)
December 19, 2011	Filing 776 Stipulation of Voluntary Dismissal; ORDER signed by Chief Judge Anthony W. Ishii on 12/16/2011. Plaintiffs, Onions, Etc, Inc., Duda Farm Fresh Foods, Inc. Cecelia Packing Corporation, John A. Clark and Addison W. Clark, Jr. dba Clark Farms, Rio Vist a, Ltd. dba Giumarra Farms, Inc., Giumarra International Marketing, APB, Inc. dba Tavilla Sales Company of Los Angeles and Calvao Growers, Inc is dismissed with prejudice as against Defendants Two Play Farms, Three Play Farms and Four Play Ranch. (Marrujo, C)
December 7, 2011	Filing 770 AMENDED STIPULATION and ORDER of Dismissal signed by Chief Judge Anthony W. Ishii on 12/06/2011. Terence J. Long terminated from action. (Flores, E)
December 5, 2011	Filing 767 STIPULATION and ORDER of Voluntary Dismissal signed by Chief Judge Anthony W. Ishii on 12/2/2011. (Sant Agata, S)
August 19, 2011	Filing 734 STIPULATION and ORDER (1) Approving Verified Final Report of Administration and Accounting by Receiver; (2) Waiving Noticed Hearing thereon; (3) Approving Payment of Legal Fees and Costs Incurred by Receiver and Receivership Estate; (4) Approving Com pensation to Receiver for Fees and Expenses Incurred as a result thereof; (5) Instructing Receiver on Disposition of Check Proceeds Held by Receiver; and (6) Terminating Receivership, Discharging Receiver from his duties and Exonerating the Bond, signed by Judge Oliver W. Wanger on 8/18/2011. (Kusamura, W)
August 11, 2011	Filing 731 JUDGMENT regarding Trustee's Motion for Summary Judgment, signed by Judge Oliver W. Wanger on 8/10/2011. (Kusamura, W)
August 9, 2011	Filing 728 ORDER on Defendants' Summary Judgment Motions, signed by Judge Oliver W. Wanger on 8/9/2011. (Kusamura, W)
August 2, 2011	Filing 725 MEMORANDUM, DECISION and ORDER; RE: (1) Trustee's Motion for Summary Judgment or, in the alternative, Summary Adjudication: and (2) Defendants, Loren Schoenberg's and Margaret Schoenberg's Motion for Summary Judgment, or in the Alternatively, Adjudication of issues,signed by Judge Oliver W. Wanger on 8/2/2011. (Kusamura, W)
July 14, 2011	Filing 713 ORDER Authorizing receiver to sell propoerty, Approving Agreement with Approving Buyer, and Approving Overbid Procedures, Filing Bids Deadline: 7/19/2011, Hearing set for 7/20/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 7/14/2011. (Kusamura, W)
July 12, 2011	Filing 705 STIPULATION and ORDER to Continue Pretrial Conference and Trial Date and ORDER Thereon signed by Judge Oliver W. Wanger on 7/11/2011. ( Dispositive Motions as to Land Bank Only filed by 11/4/2011; Dispositive Motions Hearing as to Land Bank Only set for 12/5/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Pretrial Conference set for 12/5/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 1/17/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger ) (Figueroa, O)
July 5, 2011	Filing 694 ORDER GRANTING the Ex Parte Application for an ORDER SHORTENING TIME for hearing on the Motion for Order Authorizing Receiver to Sell the Property, Approving the Agreement with the Proposed Buyer, and Approving the Overbid Procedures, document 688 . The Motion Hearing is set for 7/13/2011 at 12:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger with responses to same due by 7/12/2011 by 3:00 PM with replies to be presented orally at the time of the hearing; order signed by Judge Oliver W. Wanger on 7/5/2011. (Rooney, M)
June 15, 2011	Filing 674 *DISREGARD ORDER IS INCORRECT*ORDER to SHOW CAUSE Show Cause Response due by 7/15/2011. signed by Judge Oliver W. Wanger on 6/14/2011. (Kusamura, W) Modified on 6/15/2011 (Kusamura, W).
June 13, 2011	Filing 673 ORDER GRANTING DEFENDANT'S ARON MARGOSIAN AND CARRIE MARGOSIAN'S MOTION TO FILE AN AMENDED ANSWER AND COUNTERCLAIM 642 (Defendant's shall file Verified First Amended Answer and Counter-Claim. Fresno-Madera Federal Land Bank Association has twenty one (21) days from date of filing to file its response.) signed by Magistrate Judge Michael J. Seng on 6/13/2011. (Yu, L)
May 13, 2011	Filing 647 ORDER Shortening Time For Hearing On Petition For Instructions, signed by Judge Oliver W. Wanger on 5/12/2011. ( 644 Motion to Shorten Time GRANTED. Hearing on Petition for Instructions set for 5/23/2011 at 11:00 AM in Courtroom 3 (OWW) before J udge Oliver W. Wanger. A copy of this Order and the moving papers are to be filed and served by facsimile or personal service on all parties/counsel on or before 5/13/2011, by 5:00 p.m. Any opposition to the Ex Parte Application is to be filed and served by facsimile or personal service on all parties/counsel on or before 5/19/2011. No reply papers may be filed.) (Gaumnitz, R)
May 10, 2011	Filing 646 STIPULATION and ORDER to Set a Date for Further Settlement Conference and Continue Dispositive Motion Filing and Hearing Dates signed by Judge Oliver W. Wanger on 5/9/2011. (Settlement Conference set for 6/2/2011 at 10:00 AM in Courtroom 6 (MJS) b efore Magistrate Judge Michael J. Seng; Dispositive Motions filed by 6/24/2011; Dispositve Motion Hearing previously set for 6/20/2011 has been CONTINUED to 7/25/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)
April 15, 2011	Filing 639 Courtroom Decorum. (Gaumnitz, R)
April 13, 2011	Filing 637 STIPULATION and ORDER to Establish a PACA Claims Procedure to allow Fresno-Madera Federal Land Bank Assocaition, FCLA, to object to certain PACA Trust Claims signed by Judge Oliver W. Wanger on 4/11/2011. (Figueroa, O)
April 12, 2011	Filing 635 ORDER AUTHORIZING Employment of Counsel re 632 Motion to Appoint Counsel signed by Judge Oliver W. Wanger on 4/11/2011. (Jessen, A)
March 14, 2011	Filing 625 STIPULATION and ORDER For Appointment of Receiver For Limited Purpose, signed by Judge Oliver W. Wanger on 3/11/2011. (Gaumnitz, R)
February 15, 2011	Filing 619 ORDER signed by Judge Oliver W. Wanger on 2/14/2011 re 597 MOTION to WITHDRAW as ATTORNEY of record for Diego Lua by Joseph Lewis Horswill. Attorney Joseph Lewis Horswill and the Law Firm of Horswill, Mederos & Soares are termianted from this action.(Lundstrom, T)
February 2, 2011	Filing 604 STIPULATION and ORDER DISMISSING the Complaint in Intervention Initiated by Intervenor Plaintiff Terence J. Long, Trustee Pursuant to Court Order Against Intervenor Defendant Bank of the West, signed by Judge Oliver W. Wanger on 2/1/2011. (Jessen, A)
November 17, 2010	Filing 599 ORDER RE SCHEDULING, signed by Judge Oliver W. Wanger on 11/16/2010. (Non Expert Discovery ddl 1/24/2011, Disclose Expert Witnesses by 2/14/2011, Discovery Cut-Off 4/14/2011, Non-Dispositive Motion Filing Deadline: 5/2/2011, Non-Dispositive Motion Hearing set for 6/3/2011 at 09:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng., Dispositive Motion Filing Deadline: 5/16/2011, Dispositive Motion Hearing set for 6/20/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. W anger, Settlement Comference set for 2/16/2011 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, Pretrial Conference set for 8/8/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, and Jury Trial set for 9/13/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R)
October 6, 2010	Filing 593 ORDER on Motion by Walter & Wilhelm Law Group, a Professional Corporation, to Withdraw and Terminate Further legal Represetation on Z&S Fresh Inc., signed by Judge Oliver W. Wanger on 10/05/2010. Attorney Riley C. Walter terminated from action. Substitution of Attorney due by 11/8/2010.(Flores, E)
September 20, 2010	Filing 589 STIPULATION and ORDER of Voluntary Dismissal signed by Judge Oliver W. Wanger on 9/17/2010. Action by plaintiff in intervention, Two Play Properties, is DISMISSED with prejudice as against defendant Martin J. Zaninovich only. (Esteves, C)
September 14, 2010	Filing 577 ORDER re Walter & Wilhelm Law Group, a Professional Corporation's Ex Parte Application for Order Permitting Filing of Sealed Document in Connection with Motion to Withdraw and Terminate Representation, signed by Judge Oliver W. Wanger on 9/10/2010. (Verduzco, M)
September 13, 2010	Filing 576 JUDGMENT Following Acceptance of Defendant Martin J. Zaninovich's Offer of Judgment Pursuant to Federal Rule of Civil Procedure Rule 68 by Plaintiff, signed by Judge Oliver W. Wanger on 9/9/2010. (Verduzco, M)
September 7, 2010	Filing 573 STIPULATION and ORDER that the above-captioned Action by Visalia Produce Sales, Inc., dba Produce Source Against Z&S Fresh, Inc., be DISMISSED with Prejudice signed by Judge Oliver W. Wanger on 9/3/2010. (Sant Agata, S)
August 31, 2010	Filing 570 ORDER on Rule 16 Scheduling Conference and Motion For Protective Order, signed by Judge Oliver W. Wanger on 8/30/2010. (Gaumnitz, R)
August 27, 2010	Filing 569 JUDGMENT Following Acceptance of Defendant Martin J. Zaninovich's Offer of Judgment Pursuant to Federal Rule of Civil Procedure Rule 68 by Plaintiffs Represented by Rynn & Janowsky signed by Judge Oliver W. Wanger on 8/26/2010. (Sant Agata, S)
July 8, 2010	Filing 508 ORDER granting 473 Motion for Discovery signed by Magistrate Judge Michael J. Seng on 7/8/2010. (Yu, L)
July 7, 2010	Filing 506 ORDER BY THE COURT on Trustee's Motion For Further Instruction, signed by Judge Oliver W. Wanger on 7/6/2010. (Gaumnitz, R)
July 2, 2010	Filing 505 ORDER After Hearing on 259 I.G. Fruit's Motion to Determine Validity of and Objections to PACA Claim Filed by I.G. Fruit, Inc., Signed by Judge Oliver W. Wanger on 7/2/2010. (Arellano, S.)
June 22, 2010	Filing 492 ORDER DIRECTING Counsel to File Basis for Opposition to Motion to Exceed the Discovery Limitations, Signed by Magistrate Judge Michael J. Seng on 6/22/2010. Response due 6/30/2010; Reply, if any, due 7/5/2010. (Arellano, S.)
March 9, 2010	Filing 438 CORRECTIVE ORDER Granting the Motion of Defendant Fresno-Madera Federal Land Bank Association, FCLA, for Leave to File Amended Complaint [Doc. 410]. DENYING Defendant Land Bank's Motion to Strike [Doc. 422]. REVOKING This Court's Prior Order [Doc. 430]. signed by Magistrate Judge Sandra M. Snyder on 3/8/2010. (Herman, H)
February 16, 2010	Filing 430 Revoking this Court's ORDER (see doc. 438) - Granting Defendant Fresno-Madera Land Bank Association, FCLA'S Counter Motion for Leave to File Amended Complaint 410 and Denying The Trustee's Motion to Intervene 422 , signed by Magistrate Judge Sandra M. Snyder on 2/11/2010. (Herman, H)
December 18, 2009	Filing 403 STIPULATION and ORDER Regarding Agreement and Resolution of PACA Claim Amounts of PACA Claimant/Intervening Plaintiff Dandrea Produce, Inc., signed by Judge Oliver W. Wanger on 12/19/2009. (Verduzco, M)
December 16, 2009	Filing 401 OMNIBUS ORDER Identifying Agreed PACA Claim Amounts Pursuant to Settlements Filed on 12/3/2009 and 12/4/2009 Pursuant to Order at Hearing on 12/4/2009, signed by Judge Oliver W. Wanger on 12/15/2009. (Verduzco, M)
December 7, 2009	Filing 393 STIPULATION and ORDER signed by Judge Oliver W. Wanger on 12/4/09 regarding Agreement and Resolution of PACA Claim Amounts of PACA Claimant / Intervening Plaintiff, Del Monte Fresh Produce, N.A.(Lundstrom, T)
October 23, 2009	Filing 352 ORDER CONTINUING all hearings currently set for 10/30/2009 to 12/4/2009 at 01:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger (documents 230 233 234 235 249 255 257 259 260 ); motion hearing set for 12/4/2009 at 01:00 PM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 10/23/2009. (Rooney, M)
September 10, 2009	Filing 300 ORDER GRANTING Intervening Plaintiff Rick Dreo's Motion for Relief from Order signed by Judge Oliver W. Wanger on 9/9/2009. (Figueroa, O)
September 8, 2009	Filing 295 STIPULATION to Allow PACA Claimant Rick Dreo to File a Late Motion to Determine Nature, Validity and Priority of Lien signed by Judge Oliver W. Wanger on 9/3/2009. (Figueroa, O)
September 2, 2009	Filing 276 ORDER After Proceedings, signed by Judge Oliver W. Wanger on 8/31/2009. The Court hereby orders and reaffirms that its Preliminary Injunction Order, Establishing a PACA Claims Procedure Order and Appointing Terence J. Long, CPA as PACA Trustee remains in full force and effect. (Scrivner, E)
August 11, 2009	Filing 241 STIPULATION and ORDER to Extend the Date on Which to File a Motion to Determine Validity, Priority, or Amount of PACA Claim, signed by Judge Oliver W. Wanger on 8/10/09: Claimants' Motion Filing ddl EXTENDED from 8/10/2009 to 8/24/2009.(Hellings, J)
August 10, 2009	Filing 227 STIPULATION and ORDER to Extend the Date on Which to File a Motion to Determine Validity, Priority or Amount of PACA Claim, signed by Judge Oliver W. Wanger on 8/7/09: Claimant's Motion Filing DDL is EXTENDED from 8/10/09 to 8/17/2009.(Hellings, J)
July 30, 2009	Filing 206 STIPULATION and ORDER for Repayment of Grower Advances signed by Judge Oliver W. Wanger on 7/24/2009. (Flores, E)

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Search for this case: Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al
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Plaintiff: Onions Etc., Inc.
Represented By:	Lawrence H. Meuers
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Plaintiff: Duda Farm Fresh Foods, Inc.
Represented By:	Lawrence H. Meuers
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Defendant: Z & S Fresh, Inc.
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Defendant: Martin J Zaninovich
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Defendant: Loren Schoenburg
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Defendant: Marge Schoenburg
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