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17-379 - Central Valley Ag Cooperative et al v. Leonard et al


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17-379 - Central Valley Ag Cooperative et al v. Leonard et al
October 13, 2017
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ORDER OF RECUSAL - REQUEST FOR REASSIGNMENT. This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Upon review of the parties and the record in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
October 26, 2017
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MEMORANDUM AND ORDER - Plaintiffs' Motion for Temporary Restraining Order and for an Order to Show Cause Why a Preliminary Injunction Should Not Be Granted, ECF No. 3, is denied. Plaintiffs' Motion for Hearing Regarding Temporary Restraining Order, ECF No. 26, is denied. Ordered by Chief Judge Laurie Smith Camp. (KLF)
March 29, 2018
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FINDINGS AND RECOMMENDATION that:The motion to amend filed by the Plaintiffs (Filing No. 43) be granted in part and denied in part. Plaintiff CVA should be permitted to file its proposed Third Amended Complaint, provided it first amends the proposed complaint: a) To identify CVA as the sole plaintiff, and b) to remove all RICO claims (Claim 11); all claims against Humpal (Claims 4); the ERISA claim against the Leonards for falsely stating the 2016 Plan was ACA-compliant (Claim 5, paragraph 165); and the stand-alone claims for attorney fees and injunctive relief (Claims 10 and 12).With the filing of the revised proposed Third Amended Complaint, Defendants motions to dismiss, (Filing Nos. 36, 38, and 40), should be denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
May 1, 2018
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rie Smith Camp. (KLF)ORDER - The Findings and Recommendation, ECF No. 58, are adopted in their entirety. Plaintiffs' Motion to Amend, ECF No. 43, is granted in part and denied in part. On or before May 7, 2018, Plaintiff Central Valley Ag Cooperative is permitted for file its proposed Third Amended Complaint, provided it first amends the proposed complaint as follows: a. To identify Central Valley Ag Cooperative as the sole plaintiff. b. To remove: i. All claims against all Defendants asserting a claim for relief under RICO (Claim 11); ii. All ERISA claims against Linus G. Humpal in his personal capacity (Claim 4); iii. The ERISA claim against the Defendants Daniel K. Leonard and Susan Leonard for falsely stating the 2016 Plan was ACA-compliant (Claim 5, 165); and iv. The stand-alone claims for attorney fees and injunctive relief (Claims 10 and 12). Defendants' Motions to Dismiss, ECF Nos. 36, 38, and 40, are denied as moot, without prejudice to reassertion. Ordered by Chief Judge Lau