Unified, LTD v. Rey & Rey Produce, Inc. et al

Filing 34

ORDER AND JUDGMENT by Judge Ronald S.W. Lew: Upon the Consent Judgment, Stipulation and Order for a Judgment 33 , it is hereby ORDERED, ADJUDGED AND DECREED as follows: ORDERED that the Stipulation is approved in its entirety; and it is further ORDE RED that judgment is entered in favor of Plaintiff Unified, Ltd. d/b/a Pan America Banana, and against Defendants, Rey & Rey Produce, Inc., Manuel Reynoso, and Elizabeth Reynoso jointly and severally, in the principal amount due of $45,254.89 plus attorneys' fees of $18,106.71, and interest of $2,500.00, for a total amount due of $65,861.60 under the trust provisions of the PACA, 7 U.S.C. Section 499e(c). (MD JS-6, Case Terminated). (gk)

JS-6 1 2 3 4 5 6 7 8 9 10 11 12
CHOATE AND CHOATE
2596 Mission Street Suite 300 San Marino, CA 91108-1679 [phone]

McCARRON & DIESS Kate Ellis, Esq. 4900 Massachusetts Avenue, N.W. Suite 310 Washington, D.C. 20016 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] CHOATE AND CHOATE Joseph Choate, Jr. S. B. No. 039018 Robert P. Lewis, Jr., S. B. No. 057624 Bradley L. Cornell, S. B. No. 162384 2596 Mission Street, Suite 300 San Marino, California 91108-1679 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Counsel for Plaintiff Unified, Ltd. d/b/a/ Pan American Banana UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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) ) ) ) Plaintiff, ) ) vs. ) REY & REY PRODUCE, INC., a ) California corporation; MANUEL ) ) REYNOSO, an individual; and ) ELIZABETH REYNOSO, an ) individual, ) ) Defendants. ______________________________ ) UNIFIED, LTD., d/b/a PAN AMERICAN BANANA,

Case No.

CV 08-01525 RSWL (Ex)

ORDER AND JUDGMENT (Hon. Ronald S. W. Lew)

REVIEWED and Order

AND

CONSIDERED

the for a

Consent

Judgment, against

("Stipulation")

Judgment

Defendants Rey & Rey Produce, Inc., Manuel Reynoso, and Elizabeth Reynoso, heretofore filed herein, and it appearing to the

1. ______________________________________________________________
ORDER AND JUDGMENT

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CHOATE AND CHOATE
2596 Mission Street Suite 300 San Marino, CA 91108-1679 [phone]

satisfaction of the Court that judgment and relief in accordance with the terms of the Stipulation should be entered, it is hereby ORDERED, ADJUDGED AND DECREED as follows: ORDERED that the Stipulation is approved in its entirety; and it is further ORDERED that Plaintiff Unified, Ltd. d/b/a Pan America Banana, is a valid trust beneficiary under the provisions of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §499e(c), against Defendants, Rey & Rey Produce, Inc., Manuel Reynoso, and Elizabeth Reynoso (Settling Defendants), jointly and severally, in the

principal amount due of $45,254.89

plus attorneys' fees in the

amount of $18,106.71, and interest in the amount of $2,500.00, for a total amount due of $65,861.60 ("Judgment Amount"); and it is further ORDERED that judgment is entered in favor of Plaintiff and against Settling Defendants Rey & Rey Produce, Inc., Manuel

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Reynoso, and Elizabeth Reynoso jointly and severally, in the amount of $65,861.60 under the trust provisions of the PACA, 7 U.S.C. § 499e(c); and it is further; ORDERED that if Settling Defendants default in their

obligations and fail to cure the default, as set forth in paragraph 3 of the Stipulation, Plaintiff is granted leave to move that the case be reopened and to apply to the Court for an amendment of the Judgment to provide that Defendants, Rey & Rey Produce, Inc., Manuel Reynoso, and Elizabeth Reynoso are jointly and severally liable to /// /// /// 2. ______________________________________________________________
ORDER AND JUDGMENT

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CHOATE AND CHOATE
2596 Mission Street Suite 300 San Marino, CA 91108-1679 [phone]

Plaintiff

for

the

full

principal

amount

due

plus

accumulated

interest, reasonable attorneys' fees, and costs, less any payments made to Plaintiff, under the trust provisions of the PACA.

Dated: September 30, 2008.

_______________________________ Honorable Ronald S.W. Lew Senior U.S. District Judge

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ORDER AND JUDGMENT