Progreso Produce Ltd 1 LP v. Pacific West Marketing, Inc. et al

Filing 28

AGREED JUDGMENT by Judge A. Howard Matz. ORDERED, ADJUDGED AND DECREED that Individual Defendants Mr. Young and Ms. Young are persons in control of the of assets held byPacWest and that Defendants Sara Frances Young and David Young knowingly dissipat ed the trust res held by PacWest for purposes other than payment to PacWests suppliers of perishable agricultural commodities, including Plaintiff Progreso; FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Progreso have and recover from Defendant s the sum of $150,000.00, for which let execution issue; FURTHER ORDERED, ADJUDGED AND DECREED that the parties are to pay their respective attorney's fees and costs. FURTHER ORDERED, ADJUDGED AND DECREED Plaintiff Progreso shall have such writs and processes as may be necessary in the enforcement and collection of this Judgment; and FURTHER ORDERED, ADJUDGED AND DECREED that all relief not expressly granted herein is denied. This Judgment disposes of all parties and all claims and is final for the purposes of appeal. (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PROGRESO PRODUCE LTD 1 LP.

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Plaintiff,

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vs.

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PACIFIC WEST MARKETING, INC.;
DAVID YOUNG, an individual, and SARA
FRANCES, an individual.
Defendants.

) Case No.: 2:10-cv-08762-AHM (AJWx)
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) AGREED JUDGMENT
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On this day, came on to be heard and considered the above-styled and number cause.

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The parties informed the Court that they have agreed that the Court has jurisdiction over the

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parties and the subject matter of this lawsuit and have agreed to settle this matter and stipulate

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to the entry of this Agreed Final Judgment. The Court has considered the parties’ motion, the
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representation of counsel, the pleadings, and official records on file in this matter, as well as the

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applicable law, and is of the opinion and finds that it has jurisdiction over the parties and the

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subject matter of this lawsuit, that judgment should be rendered and entered in favor of

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Plaintiff, Progreso Produce Ltd 1 LP (“Progreso”) and against Defendants Pacific West

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Agreed Judgment

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Marketing, Inc. (“PacWest”) and Individual Defendants David Young and Sara Frances Young

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(PacWest, Mr. Young and Ms. Young collectively referred to as “Defendants”). It is therefore,

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ORDERED, ADJUDGED AND DECREED that Individual Defendants Mr. Young

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and Ms. Young are persons in control of the of assets held byPacWest and that Defendants Sara
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Frances Young and David Young knowingly dissipated the trust res held by PacWest for

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purposes other than payment to PacWest’s suppliers of perishable agricultural commodities,

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including Plaintiff Progreso;

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Progreso have

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and recover from Defendants the sum of $150,000.00, for which let execution issue;

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the parties are to
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pay their respective attorney’s fees and costs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED Plaintiff Progreso

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shall have such writs and processes as may be necessary in the enforcement and collection of

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this Judgment; and

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all relief not

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expressly granted herein is denied. This Judgment disposes of all parties and all claims and is
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final for the purposes of appeal.
SIGNED this 4th day of October, 2011.

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_____________________________
THE HONORABLE A. HOWARD MATZ
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Agreed Judgment

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ACCEPTED AND AGREED AS TO FORM AND SUBSTANCE:

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______________________________
Craig A. Stokes (SBN 200848)
Stokes Law Office LLP
3330 Oakwell Court, Suite 225
San Antonio, TX 78218
Telephone [phone]
Facsimile [phone]
[e-mail]

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Alan L. Rosen (SBN 67328)
Rosen and Loeb
2659 Townsgate Road, Suite 136
Westlake Village, CA 91361
Telephone [phone]
Facsimile [phone]
[e-mail]

And

Attorneys for Defendants
Pacific West Marketing, Inc.;
David Young and Sara Frances Young

Merl Ledford III (SBN 082253)
Ledford Law Corporation
805 West Oak Avenue
Visalia CA 93291-6033
Telephone [phone]
Facsimile [phone]
m.ledford3ledfordlaw.net
Attorneys for Plaintiff,
Progreso Produce Ltd 1 LP

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Agreed Judgment

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