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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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

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

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Agricultural Commodities Act (“PACA”) license number 20060865.

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3.

The Defendant was and during all times mentioned herein doing

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business under the laws of the State of California and was the controlling officer

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and director of UNIQUE PRODUCE CORP. (“Unique”), a company that is no

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longer operating.

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4.

A PACA reparation award was issued in favor of Plaintiff and against

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Unique on June 5, 2015 in the amount of $8,190.00, plus $500.00 in filing fees,

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plus interest at the rate of 0.26% per annum from April 1, 2014 until paid, based on

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unpaid produce sales made by Plaintiff to Unique.

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5.

The total compromised settlement amount due under this Agreement

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and Stipulation is $6,500.00, all of which qualifies for protection under the trust

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provisions of PACA [7 U.S.C. §499e et seq.].

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IT IS HEREBY FURTHER ORDERED that the foregoing Findings of

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Fact are binding upon the Parties hereto for all purposes but shall not be relied

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upon by any person not a party to this agreement for any purpose whatsoever.

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IT IS FURTHER ORDERED that Defendant GERARD A. CORROS is
hereby dismissed with prejudice.

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IT IS FURTHER ORDERED that upon entry of this Order, the only

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remaining defendant, Cardenas, and the Complaint in the above-captioned matter,

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may be dismissed, without prejudice, subject to re-opening in the event of default
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