Metropolitan Life Insurance Company v. FNF Farms, LLC

United States District Court for the Eastern District of California

Metropolitan Life Insurance Company v. FNF Farms, LLC

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4

5 6 METROPOLITAN LIFE INSURANCE Case No. 1:24-cv-01261-KES-SAB COMPANY, a New York corporation, 7

Plaintiff, ORDER CONSOLIDATING, FOR 8 ADMINISTRATIVE PURPOSES, v. RELATED RECEIVERSHIP CASES 9 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a) 10 ACDF, LLC, a California limited liability company, et al., 11

Defendants. 12

13 METROPOLITAN LIFE INSURANCE Case No. 1:24-cv-01226-KES-SAB 14 COMPANY, a New York corporation,

15 Plaintiff, ORDER CONSOLIDATING, FOR ADMINISTRATIVE PURPOSES, 16 v. RELATED RECEIVERSHIP CASES PURSUANT TO FEDERAL RULE OF 17 CIVIL PROCEDURE 42(a) FNF FARMS, LLC, a California limited 18 liability company, et al.,

19 Defendants.

20

21 METROPOLITAN LIFE INSURANCE Case No. 1:24-cv-01230-KES-SAB COMPANY, a New York corporation, 22

Plaintiff, ORDER CONSOLIDATING, FOR 23 ADMINISTRATIVE PURPOSES, v. RELATED RECEIVERSHIP CASES 24 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a) 25 C & A FARMS, LLC, a California limited liability company, et al., 26

Defendants. 27

28 1 METROPOLITAN LIFE INSURANCE Case No. 1:24-cv-01231-KES-SAB COMPANY, a New York corporation, 2 Plaintiff, ORDER CONSOLIDATING, FOR 3 ADMINISTRATIVE PURPOSES, v. RELATED RECEIVERSHIP CASES 4 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a) 5 MARICOPA ORCHARDS, LLC, a California limited liability company, et al., 6 Defendants. 7

8 BRIGHTHOUSE LIFE INSURANCE Case No. 1:24-cv-01232-KES-SAB 9 COMPANY, a Delaware corporation,

10 Plaintiff, ORDER CONSOLIDATING, FOR ADMINISTRATIVE PURPOSES, 11 v. RELATED RECEIVERSHIP CASES PURSUANT TO FEDERAL RULE OF 12 CIVIL PROCEDURE 42(a) KAMM SOUTH, LLC, a California limited 13 liability company, et al.,

14 Defendants.

15 16 BRIGHTHOUSE LIFE INSURANCE Case No. 1:24-cv-01233-KES-SAB COMPANY, a Delaware corporation, 17 Plaintiff, ORDER CONSOLIDATING, FOR 18 ADMINISTRATIVE PURPOSES, v. RELATED RECEIVERSHIP CASES 19 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a) 20 MANNING AVENUE PISTACHIOS, LLC, a California limited liability company, et al., 21 Defendants. 22

23

24 25 26 27 28 1 BRIGHTHOUSE LIFE INSURANCE Case No. 1:24-cv-01235-KES-SAB COMPANY, a Delaware corporation, 2 Plaintiff, ORDER CONSOLIDATING, FOR 3 ADMINISTRATIVE PURPOSES, v. RELATED RECEIVERSHIP CASES 4 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(a) 5 C & A FARMS, LLC, a California limited liability company, et al., 6 Defendants. 7

8 METLIFE REAL ESTATE LENDING, LLC, a Case No. 1:24-cv-01241-KES-SAB 9 Delaware limited liability company,

10 Plaintiff, ORDER CONSOLIDATING, FOR ADMINISTRATIVE PURPOSES, 11 v. RELATED RECEIVERSHIP CASES PURSUANT TO FEDERAL RULE OF 12 CIVIL PROCEDURE 42(a) PANOCHE PISTACHIOS, LLC, a California 13 limited liability company, et al.,

14 Defendants.

15 16 Upon due consideration of Plaintiff Metropolitan Life Insurance Company’s (“Plaintiff”) 17 Motion To Consolidate, for Administrative Purposes, Related Receivership Cases (the “Motion”), 18 Ex Parte Application, for good cause appearing therefor, and the Court being advised that the relief 19 granted herein is agreed to or otherwise unopposed by each of the identified Parties, Intervenor and 20 Interested Parties to the above-captioned case and Related Cases: (1) Plaintiff; (2) METLIFE REAL 21 ESTATE LENDING, LLC; (3) BRIGHTHOUSE LIFE INSURANCE COMPANY; (4) Receiver 22 PHILLIP CHRISTENSEN; (5) Defendant MARICOPA ENTITIES;1 (6) NON-MARICOPA 23 Defendants and Interested Parties;2 (7) Intervenor U.S. BANK, NATIONAL ASSOCIATION; and 24 (8) Receiver LANCE MILLER; 25 1 ACDF, LLC, a California limited liability company, as successor by merger to 104 26 PARTNERS, LLC; WILLOW AVENUE INVESTMENTS, LLC; MARICOPA ORCHARDS, LLC; KAMM SOUTH, LLC; MANNING AVENUE PISTACHIOS, LLC; C & A FARMS, LLC; 27 CANTUA ORCHARDS, LLC; FNF FARMS, LLC; and PANOCHE PISTACHIOS, LLC.

28 2 DUMAR, LLC; PISTACHE, LLC; ASHLAN & HAYES INVESTMENTS, LLC; FARID 1 The Court hereby ORDERS, pursuant to Federal Rule of Civil Procedure 42(a), as 2 follows: 3 1) The “Lead Case” for administrative consolidation is Metropolitan Life Insurance 4 Company v. ACDF, LLC, et al., U.S. District Court, Eastern District of California, 5 Case Number 1:24-cv-01261; 6 2) The cases (“Receivership Cases”) for administrative consolidation into the Lead 7 Case are: Related Case Nos.: 1:24-cv-01226; 1:24-cv-01230; 1:24-cv-01231; 1:24- 8 cv-01232; 1:24-cv-01233; 1:24-cv-01235; and 1:24-cv-01241; 9 3) The approved caption that shall be used for any consolidated filing is attached hereto 10 at Exhibit 1; 11 4) Matters appropriate for consolidated filing in the Lead Case shall include filings and 12 reports applicable to the receivership(s) and the continuation or scope thereof in the 13 Lead Case and the Receivership Cases, including: requests to intervene by an 14 interested party; motions and other filings relating to the continuation or scope of 15 receivership by any Party, Intervenor or Receiver Phillip Christensen; filings of 16 Receiver Phillip Christensen as made necessary or appropriate by any Order 17 Appointing Receiver and for Preliminary Injunction; Party and Intervenor Status 18 Reports that are or may be required by the Court in advance of any Status 19 Conference regarding receivership; requests by any Party or Intervenor to appear 20 via Zoom video teleconferencing or telephone as otherwise permitted by the Court; 21 and, any other matters as ordered by the Court sua sponte or otherwise on regularly- 22 noticed motion, unless on an ex parte basis only for good cause appearing; 23 5) Except as set forth in paragraph 4 above, matters not appropriate for consolidated 24 filing without further order of the Court, and which shall be filed in specific 25 Receivership Cases include: 26 27 SCHRAMM REVOCABLE LIVING TRUST; THE THOMSEN FAMILY TRUST; DANIEL L. 28 SWEET; CAROLE A. SWEET; DONALD E. SCHRAMM; NADA L. SCHRAMM; KEITH A. 1 a. Pleadings, motions, amended pleadings pursuant to Federal Rules of Civil 2 Procedure | through 25; 3 b. Discovery and discovery related motions pursuant to Federal Rules of Civil 4 Procedure 26 through 37; 5 c. Any filings not limited to motions relating to the pleadings pursuant to 6 Federal Rules of Civil Procedure 38 through 63; and 7 d. Any judgment, post-judgment or remedial filings pursuant to Federal Rules 8 of Civil Procedure 64 through 71. 9 6) A consolidated service list shall be created by Plaintiff for the jointly administered, 10 consolidated cases and shall be used with any consolidated filing; 11 7) The consolidated service list shall be filed by Plaintiff in the Lead Case no later 12 than 24 hours following the entry of this Order; 13 8) Plaintiff shall serve this Order within 48 hours of its entry on any Parties in the 14 Receivership Cases who have not appeared by the time this Order is entered. 15 This Order is intended and shall be interpreted solely for purposes of administrative 16 || efficiency, see Hall v. Hall,

138 S. Ct. 1118

(2018); 3 J. Moore & J. Friedman, Moore’s Federal 17 || Practice § 42.01, pp. 3050-3051 (1938), and shall not change or otherwise prejudice the substantive 18 || rights of any Party to any of the Receivership Cases. Without limiting the generality of the 19 || foregoing, the Court rules that this Order does not consolidate or otherwise change the separateness 20 || of any assets or liabilities of any party, or of the Receivership estates identified in the Receivership 21 || Cases. 22 93 || IT IS SO ORDERED. _ 24 Dated: _ December 12, 2024 4h 95 UNITED STATES DISTRICT JUDGE

26 27 28

EXHIBIT 1 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 METROPOLITAN LIFE INSURANCE Lead Case No. 1:24-cv-01261-KES-SAB COMPANY, a New York corporation, 12 Consolidated with Case Nos: Plaintiff, 1:24-cv-01226; 1:24-cv-01230; 13 vs. 1:24-cv-01231; 1:24-cv-01232; 1:24-cv-01233; 1:24-cv-01235; and 14 ACDF, LLC, a California limited liability 1:24-cv-01241 company, et al., 15 Defendants. [TITLE] 16 _____________________________________

17  Affects All Cases  Affects Metropolitan Life Ins. Co. v. 18 ACDF, LLC, et al., 1:24-cv-01261  Affects Metropolitan Life Ins. Co. v. FNF 19 Farms, LLC, et al., 1:24-cv-01226  Affects Metropolitan Life Ins. Co. v. C & 20 A Farms, LLC, et al., 1:24-cv-01230  Affects Metropolitan Life Ins. Co. v. 21 Maricopa Orchards, LLC, et al., 1:24-cv- 01231 22  Affects Brighthouse Life Ins. Co. v. Kamm South, LLC, et al., 1:24-cv-01232 23  Affects Brighthouse Life Ins. Co. v. Manning Avenue Pistachios, LLC, et al., 24 1:24-cv-01233 Case No. 1:24-cv-01233  Affects Brighthouse Life Ins. Co. v. 25 ACDF, LLC, et al., 1:24-cv-01235  Affects MetLife Real Estate Lending, 26 LLC v. Panoche Pistachios, LLC, et al., 1:24-cv-01241 27

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Reference

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