S & H Packing & Sales Co., Inc. et al v. Tanimura Distributing, Inc. et al

Filing 210

JUDGMENT by Judge George H. Wu. ORDERED, ADJUDGED AND DECREED that Judgment is hereby entered in these consolidated actions, in favor of the PACA Trust Creditor Plaintiffs and against Kirby T. Tanimura and Yolanda Tanimura, jointly and severally, as to each plaintiff, for liability arising under Section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. §499(e)(c) ("PACA"), as follows: (see document for individual judgments). (mrgo)

Lawrence H. Meuers, Esq. (SBN: 197663)

1 MEUERS LAW FIRM, P.L.
2 5395 Park Central Court

Naples, FL 34109

3 Telephone: [phone]

Facsimile: [phone]

4 [e-mail]
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Attorneys for the Pacific Tomato Group

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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9 PACIFIC TOMATO GROWERS,

Case No.: CV 08-5100-GW(FFMx)

LTD., et al.,

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Plaintiffs,

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HONORABLE GEORGE H. WU

vs.

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JUDGMENT

13 KIRBY T. TANIMURA, et al.
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Defendants.

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Case Nos. CV 08-5250-GW(FFMx)

S & H PACKING & SALES CO.,
16 INC., et al.,
Plaintiffs,

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vs.
KIRBY T. TANIMURA, et al.

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Defendants.
21 x)
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NATIONAL COMMERCIAL
RECOVERY, INC.

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Case Nos. CV 08-6046-GW(FFMx)

Plaintiffs,

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vs.

26 KIRBY T. TANIMURA, et al.
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Defendants.
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JUDGMENT

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This matter is before this Court upon the Joint Motion for Entry of Consent

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Judgment and declaration filed by Plaintiffs’ counsel that Defendants, Kirby T.

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Tanimura and Yolanda Tanimura, have failed to make payment in compliance with

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the Stipulation for Settlement in Consolidated Cases filed in this action [DE 171].

6 Under the terms of the Stipulation for Settlement in Consolidated Cases previously
7 filed with the Court, this Court is to enter the Consent Judgment upon the filing of a
8 declaration by Plaintiffs’ counsel, which state that payment has not been made by
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Defendants as required by the Order Approving Stipulation for Settlement in
Consolidated Cases [DE 172]. Based upon the filing of the declaration previously

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noted, the disclosure of distributions made to the PACA Trust Beneficiaries, and

13 being otherwise fully advised in the premises, the Court now enters judgment
14 pursuant to Federal Rule of Civil Procedure 58(a):
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ORDERED, ADJUDGED AND DECREED that Judgment is hereby

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entered in these consolidated actions, in favor of the PACA Trust Creditor Plaintiffs

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and against Kirby T. Tanimura and Yolanda Tanimura, jointly and severally, as to

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each plaintiff, for liability arising under Section 5(c) of the Perishable Agricultural

20 Commodities Act, 7 U.S.C. §499(e)(c) ("PACA"), as follows:
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1.

Judgment in favor of Pacific Tomato Growers, Ltd., a Florida limited

22 partnership with its principal place of business located at 503 10th Street West,
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Palmetto, Florida 34221, in the aggregate amount of $252,124.75, plus interest at
the legal rate in effect on the date of this judgment, all of which qualifies for

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protection under PACA, until satisfied, for which let execution issue;

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JUDGMENT

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2.

Judgment in favor of Malena Produce, Inc., an Arizona corporation

with its principal place of business located at 947 E. Frontage Rd., Rio Rico,
Arizona, in the aggregate amount of $426,614.55, plus interest at the legal rate in

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effect on the date of this judgment, all of which qualifies for protection under

6 PACA, until satisfied, for which let execution issue;
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3.

Judgment in favor of Westlake Distributors, Inc. d/b/a Westlake

8 Produce Company, a California corporation with its principal place of business
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located at 5301 Rivergrade Road, Suite 200, Irwindale, California, in the aggregate
amount of $80,106.69, plus interest at the legal rate in effect on the date of this

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judgment, all of which qualifies for protection under PACA, until satisfied, for

13 which let execution issue;
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4.

Judgment in favor of Tomato Thyme Corporation, a Florida

15 corporation with its principal place of business located at 6811 78th Street, Tampa,
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Florida, in the aggregate amount of $76,742.13 , plus interest at the legal rate in
effect on the date of this judgment, all of which qualifies for protection under

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PACA, until satisfied, for which let execution issue;
5.

Judgment in favor of Maui-Fresh International, LLC, a California

21 limited liability company with its principal place of business located at 333 North
22 Euclid Way, Anaheim, California, in the aggregate amount of $77,717.42, plus
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interest at the legal rate in effect on the date of this judgment, all of which qualifies
for protection under PACA, until satisfied, for which let execution issue;

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6.

Judgment in favor of MJ International Marketing, LLC d/b/a Fresh

27 Farms, an Arizona limited liability company with its principal place of business
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JUDGMENT

1 located at 15 Avenida Acaponeta, Rio Rico Industrial Park, Rio Rico, Arizona, in
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the aggregate amount of $74,822.65, plus interest at the legal rate in effect on the
date of this judgment, all of which qualifies for protection under PACA, until

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satisfied, for which let execution issue;
7.

Judgment in favor of Go-Fresh Produce, Inc., a California corporation

7 with its principal place of business located at 1601 E Olympic Blvd., Ste 204, Los
8 Angeles, California, in the aggregate amount of $348.14, plus interest at the legal
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rate in effect on the date of this judgment, all of which qualifies for protection under
PACA, until satisfied, for which let execution issue;

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8.

Judgment in favor of Natural Selection Foods, LLC d/b/a Earthbound

13 Farms, a California limited liability company with its principal place of business
14 located at 1721 San Juan Highway, San Juan Bautista, California, in the aggregate
15 amount of $10,082.66, plus interest at the legal rate in effect on the date of this
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judgment, all of which qualifies for protection under PACA, until satisfied, for
which let execution issue;

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9.

Judgment in favor of Cris-P Produce Co., Inc., an Arizona corporation

20 with its principal place of business located at 2811 N Palenque Ave., Ste. 3,
21 Nogales, Arizona, in the aggregate amount of $6,534.49, plus interest at the legal
22 rate in effect on the date of this judgment, all of which qualifies for protection under
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PACA, until satisfied, for which let execution issue;
10.

Judgment in favor of Giumarra Brothers Fruit Company, LLC, a

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California limited liability company with its principal place of business located at

27 11220 Edison Hwy., Edison, California, in the aggregate amount of $7,323.49, plus
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JUDGMENT

1 interest at the legal rate in effect on the date of this judgment, all of which qualifies
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for protection under PACA, until satisfied, for which let execution issue;
11.

Judgment in favor of Interfresh, Inc., a California corporation with its

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principal place of business located at 2019 W. Orangewood Ave., Orange,

6 California, in the aggregate amount of $5,218.53, plus interest at the legal rate in
7 effect on the date of this judgment, all of which qualifies for protection under
8 PACA, until satisfied, for which let execution issue;
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12.

Judgment in favor of S & H Packing & Sales Co., Inc., a California

corporation d.b.a. Season Produce Co., in the aggregate amount of $91,371.42, plus

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interest at the legal rate in effect on the date of this judgment, all of which qualifies

13 for protection under PACA, until satisfied, for which let execution issue;
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13.

Judgment in favor of Abbate Family Farms Limited Partnership, a

15 California Limited Partnership d.b.a. Abbate Farms, in the aggregate amount of
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$176,736.77, plus interest at the legal rate in effect on the date of this judgment, all
of which qualifies for protection under PACA, until satisfied, for which let

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execution issue;
14.

Judgment in favor of Apache Produce Co., Inc., an Arizona corporation

21 d.b.a. Plain Jane, in the aggregate amount of $172,528.40, plus interest at the legal
22 rate in effect on the date of this judgment, all of which qualifies for protection under
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PACA, until satisfied, for which let execution issue;
15.

Judgment in favor of Baloian Packing Co., Inc., a California

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corporation d.b.a.. Baloian Farms, in the aggregate amount of $365,165.56, plus

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JUDGMENT

1 interest at the legal rate in effect on the date of this judgment, all of which qualifies
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for protection under PACA, until satisfied, for which let execution issue;
16.

Judgment in favor of Bionova Produce, INC., an Arizona corporation,

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in the aggregate amount of $195,475.77, plus interest at the legal rate in effect on

6 the date of this judgment, all of which qualifies for protection under PACA, until
7 satisfied, for which let execution issue;
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17.

Judgment in favor of Central California Tomato Growers Cooperative,

Inc., a California corporation, in the aggregate amount of $221,173.68, plus interest
at the legal rate in effect on the date of this judgment, all of which qualifies for

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protection under PACA, until satisfied, for which let execution issue;
18.

Judgment in favor of Delta Fresh, LLC, an Arizona limited liability

14 company, in the aggregate amount of $319,090.93, plus interest at the legal rate in
15 effect on the date of this judgment, all of which qualifies for protection under
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PACA, until satisfied, for which let execution issue;
19.

Judgment in favor of Expo Fresh, LLC, a California limited liability

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company, in the aggregate amount of $514,915.42, plus interest at the legal rate in

20 effect on the date of this judgment, all of which qualifies for protection under
21 PACA, until satisfied, for which let execution issue;
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20.

Judgment in favor of Yolanda Torre, an individual d.b.a.. Far Side

Farms, in the aggregate amount of $73,155.85, plus interest at the legal rate in effect
on the date of this judgment, all of which qualifies for protection under PACA, until

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satisfied, for which let execution issue;

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JUDGMENT

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21.

Judgment in favor of Frank Donio, Inc., a New Jersey corporation, in

the aggregate amount of $147,124.11, plus interest at the legal rate in effect on the
date of this judgment, all of which qualifies for protection under PACA, until

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satisfied, for which let execution issue;
22.

Judgment in favor of Guy E. Maggio, Jr., Inc., a California corporation

7 d.b.a.. GM Distributing, in the aggregate amount of $72,659.73, plus interest at the
8 legal rate in effect on the date of this judgment, all of which qualifies for protection
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under PACA, until satisfied, for which let execution issue;
23.

Judgment in favor of Horwath & Co., Inc., a California corporation

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d.b.a. Gonzales Packing Co., in the aggregate amount of $32,396.08, plus interest at

13 the legal rate in effect on the date of this judgment, all of which qualifies for
14 protection under PACA, until satisfied, for which let execution issue;
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24.

Judgment in favor of I&T Produce Company, Inc., a California

corporation, in the aggregate amount of $30,484.96, plus interest at the legal rate in
effect on the date of this judgment, all of which qualifies for protection under

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PACA, until satisfied, for which let execution issue;
25.

Judgment in favor of Waynne M. Nakaji, an individual d.b.a. J.

21 Michael & Co., in the aggregate amount of $28,811.52, plus interest at the legal rate
22 in effect on the date of this judgment, all of which qualifies for protection under
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PACA, until satisfied, for which let execution issue;
26.

Judgment in favor of J & A International, Inc., a California corporation,

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in the aggregate amount of $92,244.45, plus interest at the legal rate in effect on the

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JUDGMENT

1 date of this judgment, all of which qualifies for protection under PACA, until
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satisfied, for which let execution issue;
27.

Judgment in favor of J.P.M. Sales Co., Inc., an Arizona corporation, in

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the aggregate amount of $300,736.89, plus interest at the legal rate in effect on the

6 date of this judgment, all of which qualifies for protection under PACA, until
7 satisfied, for which let execution issue;
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28.

Judgment in favor of Keber Distributing, Inc., a California corporation,

in the aggregate amount of $38,792.78, plus interest at the legal rate in effect on the
date of this judgment, all of which qualifies for protection under PACA, until

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satisfied, for which let execution issue;
29.

Judgment in favor of Kern Ridge Growers, LLC, a California limited

14 liability company, in the aggregate amount of $54,735.40, plus interest at the legal
15 rate in effect on the date of this judgment, all of which qualifies for protection under
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PACA, until satisfied, for which let execution issue;
30.

Judgment in favor of Live Oak Farms, a California limited partnership,

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in the aggregate amount of $395,718.71, plus interest at the legal rate in effect on

20 the date of this judgment, all of which qualifies for protection under PACA, until
21 satisfied, for which let execution issue;
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31.

Judgment in favor of M & M Distributors, Inc., a California

corporation, in the aggregate amount of $92,008.32, plus interest at the legal rate in
effect on the date of this judgment, all of which qualifies for protection under

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PACA, until satisfied, for which let execution issue;

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JUDGMENT

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32.

Judgment in favor of O.P. Murphy Produce Co., Inc., a Texas

corporation d.b.a.. O.P. Murphy & Sons, in the aggregate amount of $95,505.73,
plus interest at the legal rate in effect on the date of this judgment, all of which

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qualifies for protection under PACA, until satisfied, for which let execution issue;
33.

Judgment in favor of Oceanside Produce, Inc., a California corporation,

7 in the aggregate amount of $321,776.98, plus interest at the legal rate in effect on
8 the date of this judgment, all of which qualifies for protection under PACA, until
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satisfied, for which let execution issue;
34.

Judgment in favor of Orange County Produce, LLC, in the aggregate

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amount of $77,742.91, plus interest at the legal rate in effect on the date of this

13 judgment, all of which qualifies for protection under PACA, until satisfied, for
14 which let execution issue;
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35.

Judgment in favor of Doud And Associates, Inc., a California

corporation d.b.a.. Pacific Coast Produce, in the aggregate amount of $159,569.57,
plus interest at the legal rate in effect on the date of this judgment, all of which

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qualifies for protection under PACA, until satisfied, for which let execution issue;
36.

Judgment in favor of Produce Supply, Inc., a California corporation, in

21 the aggregate amount of $88,048.12, plus interest at the legal rate in effect on the
22 date of this judgment, all of which qualifies for protection under PACA, until
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satisfied, for which let execution issue;
37.

Judgment in favor of Riverside Distributing, Inc., a Texas corporation,

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in the aggregate amount of $44,168.57, plus interest at the legal rate in effect on the

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JUDGMENT

1 date of this judgment, all of which qualifies for protection under PACA, until
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satisfied, for which let execution issue;
38.

Judgment in favor of Royal Flavor, LLC, a California limited liability

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company, in the aggregate amount of $698,215.48, plus interest at the legal rate in

6 effect on the date of this judgment, all of which qualifies for protection under
7 PACA, until satisfied, for which let execution issue;
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39.

Judgment in favor of Seacoast Distributing, Inc., a California

corporation, in the aggregate amount of $85,339.97, plus interest at the legal rate in
effect on the date of this judgment, all of which qualifies for protection under

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PACA, until satisfied, for which let execution issue;
40.

Judgment in favor of Sunrise Growers, Inc., a California Corporation,

14 in the aggregate amount of $253,880.70, plus interest at the legal rate in effect on
15 the date of this judgment, all of which qualifies for protection under PACA, until
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satisfied, for which let execution issue;
41.

Judgment in favor of Valmar International Produce Growers, Inc., a

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California corporation, in the aggregate amount of $9,041.47, plus interest at the

20 legal rate in effect on the date of this judgment, all of which qualifies for protection
21 under PACA, until satisfied, for which let execution issue;
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42.

Judgment in favor of Veggifruit, Inc., a Florida corporation, in the

aggregate amount of $17,556.48, plus interest at the legal rate in effect on the date
of this judgment, all of which qualifies for protection under PACA, until satisfied,

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for which let execution issue;

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JUDGMENT

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43.

Judgment in favor of Wilson Produce, LLC, an Arizona limited liability

company, in the aggregate amount of $108,006.81, plus interest at the legal rate in
effect on the date of this judgment, all of which qualifies for protection under

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PACA, until satisfied, for which let execution issue;
44.

Judgment in favor of G.W. Palmer & Co., Inc., a Tennessee

7 corporation, with its principal place of business located at 1080 W. Rex Road,
8 Memphis, Tennessee 38119-3820, in the aggregate amount of $367,698.18, plus
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interest at the legal rate in effect on the date of this judgment, all of which qualifies
for protection under PACA, until satisfied, for which let execution issue;

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45.

Judgment in favor of Andrew & Williamson Sales Co., Inc. d/b/a

13 Andrew & Williamson Fresh Produce, a California corporation with its principal
14 place of business located at 9940 Marconi Drive, San Diego, California 92154-7270,
15 in the aggregate amount of $104,618.40, plus interest at the legal rate in effect on
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the date of this judgment, all of which qualifies for protection under PACA, until
satisfied, for which let execution issue;

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46.

Judgment in favor of East Coast Brokers & Packers, Inc., a Florida

20 corporation with its principal place of business located at 5050 Hwy 60 W, Plant
21 City, Florida 33564-2636, in the aggregate amount of $642,959.19, plus interest at
22 the legal rate in effect on the date of this judgment, all of which qualifies for
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protection under PACA, until satisfied, for which let execution issue;
47.

Judgment in favor of Gargiulo, Inc., a Florida corporation with its

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principal place of business located at 1500 Old 41 North, Naples, Florida 34110-

27 8415, in the aggregate amount of $262,820.92 plus interest at the legal rate in effect
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JUDGMENT

1 on the date of this judgment, all of which qualifies for protection under PACA, until
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satisfied, for which let execution issue;
48.

All pending motions are denied as moot and all counterclaims and

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cross-claims are dismissed. The Clerk shall enter judgment forthwith.
DATED: August 15, 2017
GEORGE H. WU, U.S. District Judge

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JUDGMENT