Elia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 ARIEL ELIA, individually and as CASE NO. 1:16-cv-0557 AWI EPG Successor Trustee to the Alan Elia Declaration of Trust Dated March 18, ORDER RE: MOTION FOR 2002, RECONSIDERATION 10 Plaintiff 11 v. 12 JOHN ROBERTS, and individual; TEXAS ENVIRONMENTAL PRODUCTS, INC., a (Doc. 137) Texas corporation; and TEXAS ENVIRONMENTAL PRODUCTS, a partnership, joint venture or other form of business organization unknown, and DOES 1 through 20, inclusive, 16 Defendants 17 I. Background Defendant John Roberts (“Roberts”) founded and owned Texas Environmental Products, Inc. (“TEP Inc.”) which manufactured and sold fertilizer. Alan Elia (“Alan Elia”) sold fertilizer in the Fresno area on behalf of Defendants starting in 2004. Defendants assert that Alan Elia was an independent contractor who worked on commission. Plaintiff asserts that Alan Elia formed a partnership with Roberts; the partnership conducted business as a new entity also named Texas Environmental Products (“TEP…