Free Notice (Other) - District Court of California - California

Case 5:07-cv-05068-PVT

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Filed 05/27/2008

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660 (949) 752-2911 FAX (949) 752-0953

BART M. BOTTA, State Bar No. 167051 MARION I. QUESENBERY, SBN 072308 RYNN & JANOWSKY, LLP 4100 Newport Place Drive, Suite 700 Newport Beach, CA 92660-2423 Telephone: (949) 752-2911 Facsimile: (949) 752-0953 E-mail: [email protected] Attorneys for Plaintiffs TAYLOR FARMS CALIFORNIA, INC., PISMO-OCEANO VEGETABLE EXCHANGE, and ROBERT S. ANDREWS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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TAYLOR FARMS CALIFORNIA, INC., a corporation; PISMO-OCEANO VEGETABLE EXCHANGE, a corporation; ROBERT S. ANDREWS, individually and doing business as ROBERT S. ANDREWS FARMS, a sole proprietorship,

CASE NO. C07-05068-PVT NOTICE THAT NO OPPOSITION HAS BEEN RECEIVED TO PLAINTIFFS' MOTION FOR LEAVE TO AMEND PLAINTIFFS' COMPLAINT AND FILE FIRST AMENDED COMPLAINT; DECLARATION OF BART M. BOTTA Hearing if so ordered:

Plaintiffs,

v.

DATE: TIME: ROOM:

June 3, 2008 10:00 a.m. 5, 4th floor

REGIONAL SOURCE PRODUCE, INC., a corporation; THOMAS H. BUBNIS, an individual; KIM MARES, an individual, Defendants.

TO: THE HON. PATRICIA V. TRUMBULL, MAGISTRATE JUDGE OF THE U.S. DISTRICT COURT:

Case 5:07-cv-05068-PVT

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660 (949) 752-2911 FAX (949) 752-0953

PLEASE TAKE NOTICE that Plaintiffs TAYLOR FARMS CALIFORNIA, INC., PISMO-OCEANO VEGETABLE EXCHANGE, ROBERT S. ANDREWS, individually and doing business as ROBERT S. ANDREWS FARMS (collectively "Plaintiffs") have not received any opposition to Plaintiffs' Motion for Leave to Amend Plaintiffs' Complaint and File a First Amended Complaint and Defendants have in fact indicated that they do not oppose the motion. Therefore, Plaintiffs will not file a Reply, and Plaintiffs respectfully request that an order be issued without the need to hold a hearing.

Respectfully submitted, RYNN & JANOWSKY, LLP

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DATED: May 27, 2008

By:

/s/ Bart M. Botta BART M. BOTTA, Attorneys for Plaintiffs

Case 5:07-cv-05068-PVT

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660 (949) 752-2911 FAX (949) 752-0953

DECLARATION OF BART M. BOTTA I, BART M. BOTTA, declare as follows: 1. I am a partner in the law firm of Rynn & Janowsky, counsel of record for the

Plaintiffs and moving parties herein and I make this declaration in support of Plaintiffs' Notice That No Opposition Has Been Received To Plaintiffs' Motion for Leave to Amend Plaintiffs' Complaint and File First Amended Complaint. 2. I have personal knowledge of all facts contained in this declaration and if called

as a witness, I could and would competently testify to all of the following. 3. Plaintiffs' Motion for Leave to Amend Plaintiffs' Complaint and File a First

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Amended Complaint was filed on April 24, 2008. Defendants' Opposition, if any, was due on or before May 12, 2008. 4. As of the close of business today, May 27, 2008, no opposition has been received.

Thus, Plaintiff will not file any further pleadings on this motion. 5. On May 23, 2008, I received and e-mail from Defendant Tom Bubnis in which he

indicated that neither he nor Defendant Kim Mares would contest the motion to amend the complaint. Attached hereto as Exhibit 1 is a true and correct copy of the e-mail I received from Defendant Bubnis. //// //// ////

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Case 5:07-cv-05068-PVT

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LAW OFFICES RYNN & JANOWSKY 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660 (949) 752-2911 FAX (949) 752-0953

6.

Based on Defendants' indication that they did not intend on opposing the motion,

and in the interests of judicial economy, Plaintiffs respectfully requests that the Court issue an order without holding a hearing. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed this 27th day of May 2008, at Newport Beach, California. Respectfully submitted, RYNN & JANOWSKY, LLP

By:

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/s/ Bart M. Botta BART M. BOTTA, Attorneys for Plaintiffs