Progressive Produce Corporation v. Alberto Martinez et al

Filing 17

JUDGMENT BY COURT AGAINST ALL DEFENDANTS by Judge Gary A. Feess, in favor of Progressive Produce Corporation against Top Line Specialty, Alberto Martinez: IT IS HEREBY ADJUDGED that PROGRESSIVE PRODUCE CORPORATION, a corporation (herein referred t o as "Plaintiff") is entitled to immediate entry of default judgment against Defendants ALBERTO MARTINEZ a/k/a ALBERTO ZEPEDA a/k/a ALBERTO ZEPEDA MARTINEZ, individually and d/b/a TOP LINE SPECIALTY; and TOP LINE SPECIALTY, a sole propriet orship of ALBERTO MARTINEZ a/k/a ALBERTO ZEPEDA a/k/a ALBERTO ZEPEDA MARTINEZ, as follows, all of which qualifies for trust protection under the trust provisions of Perishable Agricultural Commodities Act ("PACA") [7 U.S.C. §499e, et seq.]: (i) Principal in the cumulative amount of $14,868.00; (ii) Pre-judgment interest and finance charge through and including April 19, 2013 in the cumulative amount of $2,508.88, plus $7.33 per day from April 20, 2013 through the d ate of entry of judgment; (iii) Attorneys fees and costs (pursuant to LR 55-3) in the cumulative amount of $1,642.61; (iv) Recoverable costs in the amount of $531.18; and (v) Post-judgment interest charge at the rate of 18% per annum. IT IS HEREBY ADJUDGED that this judgment is entered pursuant to Fed.R.Civ.P. Rule 54(b) and 55(b)(2). (bm)

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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PROGRESSIVE PRODUCE
CORPORATION, a corporation,

CASE NO. CV13-00667-GAF (MANx)

Plaintiff,

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JUDGMENT BY COURT AGAINST
ALL DEFENDANTS

v.
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ALBERTO MARTINEZ a/k/a ALBERTO
ZEPEDA a/k/a ALBERTO ZEPEDA
MARTINEZ, individually and d/b/a TOP
LINE SPECIALTY; TOP LINE
SPECIALTY, a sole proprietorship of
ALBERTO MARTINEZ a/k/a ALBERTO
ZEPEDA a/k/a ALBERTO ZEPEDA
MARTINEZ,

[Fed.R.Civ.P. Rule 54(b), 55(b)(2)]

Defendants.

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Having read and considered Plaintiff’s Motion for Default Judgment against
Defendants ALBERTO MARTINEZ a/k/a ALBERTO ZEPEDA a/k/a ALBERTO
ZEPEDA MARTINEZ, individually and d/b/a TOP LINE SPECIALTY; and TOP LINE
SPECIALTY, a sole proprietorship of ALBERTO MARTINEZ a/k/a ALBERTO
ZEPEDA a/k/a ALBERTO ZEPEDA MARTINEZ and all supporting pleadings and
exhibits submitted therewith and other pleadings and exhibits already on file with this
court, and good cause appearing therefor,

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IT IS HEREBY ADJUDGED that PROGRESSIVE PRODUCE CORPORATION,

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a corporation (herein referred to as “Plaintiff”) is entitled to immediate entry of default

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judgment against Defendants ALBERTO MARTINEZ a/k/a ALBERTO ZEPEDA a/k/a

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ALBERTO ZEPEDA MARTINEZ, individually and d/b/a TOP LINE SPECIALTY; and

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TOP LINE SPECIALTY, a sole proprietorship of ALBERTO MARTINEZ a/k/a

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ALBERTO ZEPEDA a/k/a ALBERTO ZEPEDA MARTINEZ, as follows, all of which

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qualifies for trust protection under the trust provisions of Perishable Agricultural

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Commodities Act (“PACA”) [7 U.S.C. §499e, et seq.]:

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(i)

Principal in the cumulative amount of $14,868.00;

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(ii)

Pre-judgment interest and finance charge through and including

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April 19, 2013 in the cumulative amount of $2,508.88, plus $7.33

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per day from April 20, 2013 through the date of entry of judgment;

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(iii)

Attorney’s fees and costs (pursuant to LR 55-3) in the cumulative
amount of $1,642.61;

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(iv)

Recoverable costs in the amount of $531.18; and

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(v)

Post-judgment interest charge at the rate of 18% per annum.

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IT IS HEREBY ADJUDGED that this judgment is entered pursuant to
Fed.R.Civ.P. Rule 54(b) and 55(b)(2).
IT IS SO ORDERED.

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DATED: December 4, 2013

______________________________
HON. GARY A. FEESS
UNITED STATES DISTRICT JUDGE

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