Shapiro-Gilman-Shandler Co et al v. Koshan Inc et al

Filing 9

JUDGMENT by Judge Otis D Wright, II : JUDGMENT IS HEREBY ENTERED in favor of Plaintiffs SHAPIRO-GILMAN-SHANDLER CO. (SGS), a corporation; DAVALANSALES, INC. (Davalan), a corporation; DAVALAN SALES, INC, a corporationtrading as THE BANANA COMPANY (Ban ana), GO-FRESH PRODUCE, INC.,(Go-Fresh) a corporation, JHP PRODUCE, INC., a corporation dba J. HELLMANPRODUCE, INC. (JHP), CALIFRESH OF CALIFORNIA, LLC, (Califresh) alimited liability company, CAL PINE DISTRIBUTORS, LP, (Cal Pine) a limitedpartnershi p, COAST PRODUCE COMPANY, (Coast) a corporation, ARTUROCARILLO dba DEL RIO PRODUCE CO. (Del Rio), INTERFRESH, INC.,(Interfresh) a corporation, LAND AND SEA DISTRIBUTING, INC., (Land andSea) a corporation, APB, INC., a corporation dba VISION PRODUCE C O. (Vision)and MORITA PRODUCE CO., INC. (Morita), a corporation and against Defendants KOSHAN, INC., a corporation doing business as PAYLESS FOODS and BARGAIN FOODS, RODD, INC., a corporation, S B MART, INC., a corporation, FRANK HENDIZADEH, a/k/a FR ANK HENDIZADEH RODD, an individual, BEHNAM HENDIZADEH, a/k/a BEHNAM HENDIZADEH RODD, an individual, MEHRDAD KHOSHBIN, an individual, BIJAN HENDIZADEH a/k/a BIJAN HENDIZADEH RODD, an individual and SAMI KHOSHBIN, an individual, jointly and severally, in the total amount of $603,036.23. Itemized as follows: 1. Principal in the cumulative total amount of $584,285.82 (itemized as $138,539.81 due to SGS, $53,195.50 due to Davalan, $80,331.26 due to Banana, $93,191.65 du e to Go-Fresh, $38,500.50 due to JHP, $7,040.00 due to Califresh, $21,658.40 due to Cal Pine, $34,936.80 due to Coast, $8,310.00 due to Del Rio, $6,668.00 due to Interfresh, $6,479.00 due to Land and Sea, $73,2 89.70 due to Vision and $22,145.20 due to Morita). 2. Finance charges due from the date each payment fell due through September 21, 2012 in the total amount of $11,250.41 (itemized as $1,634.97 due to SGS, $800.79 due to Davalan, $870.06 due to Banana, $1,812.89 due to Go-Fresh, $1,177.00 due to JHP, $306.47 due to Califresh, $728.25 due to Cal Pine, $681.66 due to Coast, $175.31 due to Del Rio, $173.80 due to Interfresh, $220.11 d ue to Land and Sea, $2,235.97 due to Vision and $432.93 due to Morita). 3. Attorneys fees in the amount of $7,500.00. Plaintiffs are further entitled to recover finance charges from September 22, 2012 at the rate of 10% per annum on all unpaid principal sums due under this judgment until fully paid.(MD JS-6, Case Terminated). (lc)

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JS-6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SHAPIRO-GILMAN-SHANDLER CO., a
corporation; DAVALAN SALES, INC., a
corporation; DAVALAN SALES, INC, a
corporation trading as THE BANANA
COMPANY, GO-FRESH PRODUCE,
INC., a corporation; JHP PRODUCE, INC.,
a corporation dba J. HELLMAN
PRODUCE, INC.; CALIFRESH OF
CALIFORNIA, LLC, a limited liability
company; CAL PINE DISTRIBUTORS,
LP, a limited partnership; COAST
PRODUCE COMPANY, a corporation;
ARTURO CARILLO dba DEL RIO
PRODUCE CO.; INTERFRESH, INC., a
corporation; LAND AND SEA
DISTRIBUTING, INC., a corporation;
APB, INC., a corporation dba VISION
PRODUCE CO.; and MORITA PRODUCE
CO., INC., a corporation,

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Plaintiffs,
v.
KOSHAN, INC., a corporation d/b/a
PAYLESS FOODS, also d/b/a BARGAIN
FOODS; RODD, INC., a corporation; S B
MART, INC., a corporation; FRANK
HENDIZADEH, a/k/a FRANK
HENDIZADEH RODD, an individual;

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CASE NO. CV12-7395 ODW (PJWx)
JUDGMENT AGAINST ALL
DEFENDANTS

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BEHNAM HENDIZADEH, a/k/a
BEHNAM HENDIZADEH RODD, an
individual; MEHRDAD KHOSHBIN, an
individual; BIJAN HENDIZADEH a/k/a
BIJAN HENDIZADEH RODD, an
individual; SAMI KHOSHBIN, an
individual,

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Defendants.

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Having read and considered the Stipulation for Entry of Judgment submitted by

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Plaintiffs SHAPIRO-GILMAN-SHANDLER CO. (“SGS”), a corporation; DAVALAN

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SALES, INC. (“Davalan”), a corporation; DAVALAN SALES, INC, a corporation

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trading as THE BANANA COMPANY (“Banana”), GO-FRESH PRODUCE, INC.,

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(“Go-Fresh”) a corporation, JHP PRODUCE, INC., a corporation dba J. HELLMAN

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PRODUCE, INC. (“JHP”), CALIFRESH OF CALIFORNIA, LLC, (“Califresh”) a

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limited liability company, CAL PINE DISTRIBUTORS, LP, (“Cal Pine”) a limited

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partnership, COAST PRODUCE COMPANY, (“Coast”) a corporation, ARTURO

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CARILLO dba DEL RIO PRODUCE CO. (“Del Rio”), INTERFRESH, INC.,

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(“Interfresh”) a corporation, LAND AND SEA DISTRIBUTING, INC., (“Land and

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Sea”) a corporation, APB, INC., a corporation dba VISION PRODUCE CO. (“Vision”)

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and MORITA PRODUCE CO., INC. (“Morita”), a corporation (collectively referred to

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herein as “Plaintiffs”) and Defendants KOSHAN, INC. (“Koshan”), a corporation doing

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business as PAYLESS FOODS and BARGAIN FOODS, RODD, INC. (“Rodd”), a

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corporation, S B MART, INC. (“S B Mart”), a corporation, FRANK HENDIZADEH,

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a/k/a

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HENDIZADEH, a/k/a BEHNAM HENDIZADEH RODD (“BHR”), an individual,

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MEHRDAD KHOSHBIN (“MK”), an individual, BIJAN HENDIZADEH a/k/a BIJAN

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HENDIZADEH RODD (“BHR”), an individual and SAMI KHOSHBIN (“SK”), an

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individual, and all supporting pleadings and exhibits submitted therewith and other

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pleadings and exhibits already on file with this court, and good cause appearing therefore,

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///

FRANK

HENDIZADEH

RODD

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(“FHR”),

an

individual,

BEHNAM

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JUDGMENT IS HEREBY ENTERED in favor of Plaintiffs and against

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Defendants KOSHAN, INC., a corporation doing business as PAYLESS FOODS and

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BARGAIN FOODS, RODD, INC., a corporation, S B MART, INC., a corporation,

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FRANK HENDIZADEH, a/k/a FRANK HENDIZADEH RODD, an individual,

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BEHNAM HENDIZADEH, a/k/a BEHNAM HENDIZADEH RODD, an individual,

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MEHRDAD KHOSHBIN, an individual, BIJAN HENDIZADEH a/k/a BIJAN

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HENDIZADEH RODD, an individual and SAMI KHOSHBIN, an individual, jointly and

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severally, in the total amount of $603,036.23, all of which qualifies for trust protection

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under the trust provision of Perishable Agricultural Commodities Act (“PACA”) [7

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U.S.C. §499e, et seq.], itemized as follows:

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1.

Principal in the cumulative total amount of $584,285.82 (itemized as

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$138,539.81 due to SGS, $53,195.50 due to Davalan, $80,331.26 due to Banana,

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$93,191.65 due to Go-Fresh, $38,500.50 due to JHP, $7,040.00 due to Califresh,

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$21,658.40 due to Cal Pine, $34,936.80 due to Coast, $8,310.00 due to Del Rio,

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$6,668.00 due to Interfresh, $6,479.00 due to Land and Sea, $73,289.70 due to Vision

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and $22,145.20 due to Morita).

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2.

Finance charges due from the date each payment fell due through

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September 21, 2012 in the total amount of $11,250.41 (itemized as $1,634.97 due to

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SGS, $800.79 due to Davalan, $870.06 due to Banana, $1,812.89 due to Go-Fresh,

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$1,177.00 due to JHP, $306.47 due to Califresh, $728.25 due to Cal Pine, $681.66 due to

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Coast, $175.31 due to Del Rio, $173.80 due to Interfresh, $220.11 due to Land and Sea,

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$2,235.97 due to Vision and $432.93 due to Morita).

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3.

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Plaintiffs are further entitled to recover finance charges from September 22, 2012

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at the rate of 10% per annum on all unpaid principal sums due under this judgment until

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fully paid.

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///

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///

Attorneys’ fees in the amount of $7,500.00

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All judgment amounts qualify for trust protection under the trust provisions of
Perishable Agricultural Commodities Act (“PACA”) [7 U.S.C. §499e, et seq.],
The Clerk shall enter judgment forthwith.

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DATED: October 30, 2012

_________________________________
HON. OTIS D. WRIGHT, II
U.S. DISTRICT COURT JUDGE

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