Willems Farms Inc v. Gabriel Farms Inc., et al.
| Willems Farms Inc. |
| Robert Gabriel and Gabriel Farms Inc. an Oregon Corporation Doing business as Oregon Blueberry Farms and Nursery |
| 1:2021cv00237 |
| February 22, 2021 |
| US District Court for the Eastern District of California |
| Helena M Barch-Kuchta |
| Anthony W Ishii |
| Contract: Other |
| 28 U.S.C. § 1346 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER re STIPULATION OF DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41 (a)(1)(A)(ii) signed by Magistrate Judge Helena M. Barch-Kuchta on 8/5/2021. CASE CLOSED. (Marrujo, C)
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| Filing 18 STIPULATION of DISMISSAL of ACTION WITH PREJUDICE; AND PROPOSED ORDER by Robert Gabriel, Gabriel Farms Inc.. (Wilkins, James) |
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Filing 17
MINUTE ORDER (TEXT ONLY) On June 30, 2021, the parties filed a notice of settlement that notified the Court that a settlement in this matter had been achieved. See Doc. No. #16 . The notice explains that the parties are in the process of finalizing the settlement documents and requests that the Court set a status conference for 30 days unless a stipulation for dismissal is first filed. See id. Under Local Rule 160, parties have up to 21 days from the date of the notice of settlement to file dispositional documents, absent good cause. See Local Rule 160(b). Here, the Court understands that this matter was settled as part of a settlement conference involving a related case pending in the District of Oregon. The Court stayed this case due to those settlement efforts in Oregon. See Doc. No. 15 . The Court finds that it is likely that the settlement papers for this matter may be more complex in that the settlement papers may also involve the Oregon litigation. In the absence of additional information, the Court will give the parties a slight extension of time (based on the June 30 notice date) to file dispositional documents for this case. If the parties need additional time, they shall file an application with the Magistrate Judge. Accordingly, IT IS HEREBY ORDERED that: (1) All pending dates and deadlines are VACATED; (2) Defendant's motion to transfer venue (Doc. No. #5 ) is DENIED as moot; (3) no later than August 2, 2021, the parties shall file dispositional documents in this case; and (4) any requests for additional time to file dispositional documents shall be directed to the Magistrate Judge. IT IS SO ORDERED. Minute order signed by District Judge Anthony W. Ishii on 7/16/2021. (Gonzales, V)
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| Filing 16 NOTICE of SETTLEMENT by Robert Gabriel, Gabriel Farms Inc.. Dispositional Docs due by 7/26/2021. (Wilkins, James) |
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Filing 15
MINUTE ORDER signed by District Judge Anthony W. Ishii on 6/10/2021: (Text Only Entry), On June 7, 2021, and June 8, 2021, the parties filed two requests/stipulations to stay this case pending settlement negotiations. The parties explained that settlement negotiations will be taking place in the District of Oregon as part of a "related" case. The settlement negotiations will occur on June 29, 2021, and will attempt to settle both the Oregon case and this case. The parties request that a stay in this case last until July 15, 2021. The Court requested that the parties submit a proposed order in Microsoft Word format, but the parties failed to respond to the request. Despite the parties' failure to provide the requested proposed order, the Court will give effect to the stipulation. The Court will stay this matter until July 15, 2021, but the Court will require the parties to notify the Court immediately if a settlement is obtained. The Court also will require the parties to file a joint status report on July 16, 2021, in the event that a settlement is not reached prior to July 15. Accordingly, IT IS HEREBY ORDERED that: (1) Per the parties' June 7 and June 8 stipulations, this case is STAYED until July 15, 2021; (2) the stay in this case will lift on July 16, 2021, automatically and without further notice; (3) the parties shall immediately inform the Court if a successful settlement of this case is achieved; (4) if this case does not settle by July 15, 2021, the parties shall file a joint status report on July 16, 2021; and (5) the failure to timely notify the Court of a settlement or to file a joint status report on July 16, 2021, likely will result in an order for the parties to show cause why sanctions should not be imposed for failure to obey a court order. IT IS SO ORDERED. (Gonzales, V)
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| Filing 14 STIPULATION re #13 Stipulation TO STAY ACTION by Robert Gabriel, Gabriel Farms Inc.. (Wilkins, James) |
| Filing 13 STIPULATION to Stay Action While the Parties Engage in Settlement Conference in Related Action by Willems Farms Inc.. (Taylor, D. Mitchell) |
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Filing 12
MINUTE ORDER signed by District Judge Anthony W. Ishii on 4/13/2021: (Text Only Entry) Currently pending before the Court is a motion to transfer venue by Defendants. On March 30, 2021, Defendants filed a motion for leave to file a supplemental declaration that responds to certain evidentiary objections made by Plaintiff to the declaration of Jonathan Horton. Defendants filed a supplemental declaration of Jonathan Horton in connection with their motion for leave. To date, Plaintiff has not opposed or responded to Defendants' motion for leave. After review, and in the absence of any opposition from Plaintiff, the Court will grant Defendants motion. Therefore, IT IS HEREBY ORDERED that Defendants' motion for leave to file supplemental declaration (Doc. No. #10 ) is GRANTED and the supplemental declaration of Jonathan Horton (Doc. No. #11 ) is deemed timely filed. IT IS SO ORDERED. (Gonzales, V)
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| Filing 11 DECLARATION of Jonathan Horton in support of #10 Motion for Miscellaneous Relief. (Wilkins, James) |
| Filing 10 MOTION by Robert Gabriel, Gabriel Farms Inc.. (Wilkins, James) |
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Filing 9
MINUTE ORDER signed by District Judge Anthony W. Ishii on 3/25/2021: (Text Only Entry) The Court has deemed the MOTION TO CHANGE VENUE, Doc. No. #5 , noticed for hearing on 3/29/2021, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motion will be taken under submission as of that date. (Gonzales, V)
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| Filing 8 OBJECTIONS by Plaintiff Willems Farms Inc.. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Declaration of D Mitchell Taylor in Objection to Reply Brief)(Taylor, D. Mitchell) |
| Filing 7 REPLY by Robert Gabriel, Gabriel Farms Inc. to RESPONSE to #5 Motion to Change Venue. (Attachments: #1 Declaration of Jonathan Horton in Support of Motion To Transfer Venue)(Wilkins, James) |
| Filing 6 OPPOSITION by Willems Farms Inc. to #5 Motion to Change Venue. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Taylor, D. Mitchell) |
| Filing 5 MOTION to CHANGE VENUE by Robert Gabriel, Gabriel Farms Inc.. Motion Hearing set for 3/29/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Points and Authorities, #2 Declaration)(Wilkins, James) |
| Filing 4 CIVIL COVER SHEET by Gabriel Farms Inc. (Wilkins, James) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/19/2021 at 11:30 AM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta. (Attachments: #1 Order re Consent, #2 VDRP) (Rivera, O) |
| Filing 2 CLERK'S NOTICE to James Wilkins: Under Local Rule 200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Jessen, A) |
| Filing 1 NOTICE of REMOVAL from Fresno Superior Court, case number 21CECG00188 by All Defendants. (Attachments: #1 Corporate Disclosure Statement of Defendants)(Wilkins, James) |
| PAYMENT for Civil Case filing fee in the amount of $ 402, receipt number 0972-9429865. (Wilkins, James) |
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