West Pak Avocado, Inc. v. Seamless Transportation, Inc. et al

Filing 29

ORDER RE STIPULATION FOR ENTRY OF JUDGMENT 28 by Judge Consuelo B. Marshall: IT IS HEREBY ORDERED that the Agreement and Stipulation is approved in its entirety. IT IS HEREBY FURTHER ORDERED that the following facts are herebyadopted by this Court as Findings of Fact: The total compromised amount due under this Agreement and Stipulation is $17,000.00, which qualifies for protection under the trust provisions of PACA [7 U.S.C. §499e et seq ]. IT IS HEREBY FURTHER ORDERED that the Pro posed Judgment attached to the Stipulation as Exhibit 1 is hereby approved; however, said Judgment shall not be entered or enforced except in the event of Default as defined by the Agreement andStipulation. IT IS FURTHER ORDERED that upon entry of th is Order the complaint in the above-captioned matter may be dismissed, without prejudice, subject to re-opening in the event of default for the limited purposes of interpreting and enforcing the Agreement and Stipulation and entering and enforcing Ju dgment thereon. IT IS FURTHER ORDERED that the U.S. District Court for the Central District of California shall retain exclusive jurisdiction over the parties and subject matter herein in order to enforce or interpret the provisions of this Agreement and Stipulation and to enter and enforce judgment thereon. Related to: Stipulation for Judgment 28 . ( MD JS-6. Case Terminated ). (shb)

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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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WEST PAK AVOCADO, INC., a
corporation,

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CASE NO. 5:15-cv-01422-CBM-DTBx

Plaintiff,

ORDER RE STIPULATION FOR
ENTRY OF JUDGMENT [28]

v.
SEAMLESS TRANSPORTATION,
LLC, a limited liability company;
STEVE CHIASSON, an individual,

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[JS-6]

Defendants.

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Having read and considered the Settlement Agreement and Stipulation of
Undisputed Facts and For Entry of Judgment (“Agreement and Stipulation”) entered into
by and between Plaintiff WEST PAK AVOCADO, INC. (“West Pak” or “Plaintiff”), and
Defendant STEVE CHIASSON (“Chiasson” or “Defendant”) (West Pak and Chiasson
are sometimes referred to herein collectively as “the Parties”), and all other pleadings and
papers contained in the Court’s file in this matter, and good cause appearing therefor,
IT IS HEREBY ORDERED that the Agreement and Stipulation is approved in
its entirety.

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IT IS HEREBY FURTHER ORDERED that the following facts are hereby
adopted by this Court as Findings of Fact:
1.

Plaintiff is, and during all times mentioned herein has been, a corporation

organized and operating under the laws of the State of California.
2.

Plaintiff is, and during all times mentioned herein has been, duly licensed

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by the U.S. Department of Agriculture, operating under Perishable Agricultural

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Commodities Act (“PACA”) license number 19830174.

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3.

The Defendants are and during all times mentioned herein have been doing

business under the laws of the State of California.
4.

The total compromised amount due under this Agreement and Stipulation is

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$17,000.00, which qualifies for protection under the trust provisions of PACA [7 U.S.C.

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§499e et seq.].

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IT IS HEREBY FURTHER ORDERED that the foregoing Findings of Fact are

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binding upon the Parties hereto for all purposes but shall not be relied upon by any person

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not a party to this agreement for any purpose whatsoever.

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IT IS HEREBY FURTHER ORDERED that the Proposed Judgment attached to

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the Stipulation as Exhibit 1 is hereby approved; however, said Judgment shall not be

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entered or enforced except in the event of Default as defined by the Agreement and

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Stipulation. In the event of default as defined by the Agreement and Stipulation, Plaintiffs

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may immediately take whatever steps are available to Plaintiff to request entry and

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enforcement of the judgment described herein subject only to Defendant’s right to object

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to entry of judgment based solely upon the following grounds and no others: (a) whether

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default has in fact occurred; and, (b) whether the amounts acknowledged by Plaintiff as

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having been received prior to default are accurate.

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IT IS FURTHER ORDERED that upon entry of this Order the complaint in the

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above-captioned matter may be dismissed, without prejudice, subject to re-opening in the

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event of default for the limited purposes of interpreting and enforcing the Agreement and

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Stipulation and entering and enforcing Judgment thereon.
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IT IS FURTHER ORDERED that the U.S. District Court for the Central District

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of California shall retain exclusive jurisdiction over the parties and subject matter herein

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in order to enforce or interpret the provisions of this Agreement and Stipulation and to

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enter and enforce judgment thereon.

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IT IS SO ORDERED:

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DATED: August 17, 2016

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___________________________________
HON. CONSUELO B. MARSHALL
UNITED STATES DISTRICT JUDGE

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CC:FISCAL

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