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Western Pacific Produce, Inc. v. Write on Marketing, Inc., : 8:18-cv-01035-JVS-KES. (2018)

Court: District Court, C.D. California Number: infdco20181003d66 Visitors: 1
Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: ORDER APPROVING STIPULATION RE DISMISSAL OF DEFENDANT ARNULFO DIAZ WITHOUT PREJUDICE AND TURNOVER OF PACA TRUST ASSETS FRCP Rule 41(a)(2) JAMES V. SELNA , District Judge . Having read and considered the Stipulation entered into by and between Plaintiff WESTERN PACIFIC PRODUCE, INC. ("Western Pacific") and Defendant ARNULFO DIAZ ("Mr. Diaz"), an individual, by and through their respective counsel of record, for Dismissal of Mr. Diaz and turnover of PACA trust assets, and for good cause appe
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ORDER APPROVING STIPULATION RE DISMISSAL OF DEFENDANT ARNULFO DIAZ WITHOUT PREJUDICE AND TURNOVER OF PACA TRUST ASSETS

FRCP Rule 41(a)(2)

Having read and considered the Stipulation entered into by and between Plaintiff WESTERN PACIFIC PRODUCE, INC. ("Western Pacific") and Defendant ARNULFO DIAZ ("Mr. Diaz"), an individual, by and through their respective counsel of record, for Dismissal of Mr. Diaz and turnover of PACA trust assets, and for good cause appearing therefor.

1. IT IS HEREBY ORDERED that Mr. Diaz is hereby dismissed from this action, without prejudice, with all parties to bear their own costs and expenses, including without limitation attorneys' fees.

2. IT IS FURTHER ORDERED that all Perishable Agricultural Commodities Act ("PACA") [7 U.S.C. §499e et seq.] trust assets subject to this Court's Temporary Restraining Order [Document 14] and/or Preliminary Injunction Order [Document 20], including without limitation funds on deposit with Wells Fargo Bank, N.A., account number XXXXXX3170, shall be promptly turned over by Wells Fargo Bank, N.A. to counsel for Western Pacific Produce by check payable to "Rynn & Janowsky, LLP Client Trust Account."

SO ORDERED.

Source:  Leagle

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