Quebec Distributing Co. v. Unique Produce Corp. et al

Filing 29

ORDER RE STIPULATION FOR ENTRY OF JUDGMENT by Judge Stephen V. Wilson, Related to: Stipulation for Judgment 27 . (See document for specifics) (MD JS-6, Case Terminated). (mrgo)

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1 2 3 4 5 6 7 IT IS HEREBY ORDERED that the Agreement and Stipulation is approved in its entirety. 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 8 licensed by the U.S. Department of Agriculture, operating under Perishable 9 Agricultural Commodities Act (“PACA”) license number 20060865. 10 3. The Defendant was and during all times mentioned herein doing 11 business under the laws of the State of California and was the controlling officer 12 and director of UNIQUE PRODUCE CORP. (“Unique”), a company that is no 13 longer operating. 14 4. A PACA reparation award was issued in favor of Plaintiff and against 15 Unique on June 5, 2015 in the amount of $8,190.00, plus $500.00 in filing fees, 16 plus interest at the rate of 0.26% per annum from April 1, 2014 until paid, based on 17 unpaid produce sales made by Plaintiff to Unique. 18 5. The total compromised settlement amount due under this Agreement 19 and Stipulation is $6,500.00, all of which qualifies for protection under the trust 20 provisions of PACA [7 U.S.C. §499e et seq.]. 21 IT IS HEREBY FURTHER ORDERED that the foregoing Findings of 22 Fact are binding upon the Parties hereto for all purposes but shall not be relied 23 upon by any person not a party to this agreement for any purpose whatsoever. 24 25 IT IS FURTHER ORDERED that Defendant GERARD A. CORROS is hereby dismissed with prejudice. 26 IT IS FURTHER ORDERED that upon entry of this Order, the only 27 remaining defendant, Cardenas, and the Complaint in the above-captioned matter, 28 may be dismissed, without prejudice, subject to re-opening in the event of default 2

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