Kingsburg Apple Packers, et al, vs. Ballantine Produce Co., Inc. et al,

Filing 200

ORDER Granting 176 Joint Motion and 182 Amended Joint Motion for Approval of Stipulation and Order Authorizing Receiver to Distribute Funds with Respect to PACA Claims signed by Chief Judge Anthony W. Ishii on 06/25/2010. (Flores, E)

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Lawrence H. Meuers (SBN 197663) MEUERS LAW FIRM, P.L. 5395 Park Central Court Naples, FL 34109 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

) ) ) Plaintiffs, ) ) vs. ) ) BALLANTINE PRODUCE CO., INC., et al., ) ) ) Defendants. RELATED COMPLAINTS-IN) ) INTERVENTION

KINGSBURG APPLE PACKERS, INC. D/B/A KINGSBURG ORCHARDS, et al.

Case No.: 1:09-cv-00901-AWI-SMS Chief Judge Anthony W. Ishii

DATE: TIME: JUDGE:

June 21, 2010 1:30 p.m. Anthony W. Ishii

(Doc. Nos. 176 & 182)

ORDER GRANTING JOINT MOTION AND AMENDED JOINT MOTION FOR APPROVAL OF STIPULATION AND ORDER AUTHORIZING RECEIVER TO DISTRIBUTE FUNDS WITH RESPECT TO PACA CLAIMS Before this Court is the Joint Motion and Amended Joint Motion for Approval of Stipulation and Order authorizing Receiver to Distribute Funds with respect to PACA Claims. The Court has considered the Motions and is otherwise fully advised in the premises. Accordingly, it is ORDERED AND ADJUDGED that the Stipulation Instructing and Authorizing Receiver to Distribute Funds with Respect to PACA Claims; Releasing Claims Against Bank of the West is approved.
Order Granting Joint Motion and Amended Joint Motion for Approval of Stipulation and Order Authorizing Receiver to Distribute Funds With Respect to PACA Claims Page 1 of 3

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ORDERED AND ADJUDGED that the Receiver shall distribute $1,650,644.00 of the 2009 Crop Proceeds to the Meuers Group,1 Stokes Group,2 Intervening Plaintiff, RJO Produce Marketing, Inc., and LoBue Bros., Inc. pursuant to the schedule attached as Exhibit "A". ORDERED AND ADJUDGED that the Receiver shall distribute $450,000.00 of the 2009 Crop Proceeds to Bank of the West. ORDERED AND ADJUDGED that Bank of the West is dismissed with prejudice from each of the complaints and complaints in intervention filed by the Meuers Group, Stokes Group, or Intervening Plaintiffs, RJO Produce Marketing, Inc. and LoBue Bros., Inc. ORDERED AND ADJUDGED that once the Receiver has distributed the Funds pursuant to Exhibit "A," the Receiver shall have discharged all of his duties and obligations to the Court under the Consent Injunction and Order Establishing PACA Claims Procedure and Vacating June 22, 2009 Preliminary Injunction Hearing and to all parties to this PACA Action, including the Meuers Group, Stokes Group, LoBue Bros., Inc., RJO Produce Marketing, Inc., and the Bank of the West and thereafter shall have no further duties or obligations to the Court, the Meuers Group, Stokes Group, LoBue Bros., Inc., RJO Produce Marketing, Inc., the Bank of the West, or any other party in the PACA Action. ORDERED AND ADJUDGED that the Receiver shall retain the balance of the 2009 Crop Proceeds as a reserve to pay expenses as authorized in the State Court Action. If the Receiver's actual costs and expenses are less than the balance retained by

1 The Meuers Group consists of Plaintiffs, Kingsburg Apple Packers d/b/a Kingsburg Orchards and David Del Curto, S.A., along with Intervening Plaintiffs, Giumarra International Marketing; Agricamex, LTDA; Delifruit, S.A., Exportadora & Servicios Rucaray, S.A.; Exportadora Agricola Casabindo, LTDA; and Southern Fruits, S.A. 2 The Stokes Group consists of Intervening Plaintiffs, Comercial Greenvic, S.A., C&D Comercio y Desarvolo Internacional, and Spectrum Produce Distributing, Inc.

Order Granting Joint Motion and Amended Joint Motion for Approval of Stipulation and Order Authorizing Receiver to Distribute Funds With Respect to PACA Claims

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the Receiver, the Receiver shall send the difference to Meuers Law Firm, P.L., counsel for the original plaintiffs in this Action, in trust for distribution to the PACA Claimants, as they so agree.

IT IS SO ORDERED.

June 25, 2010

______________________________________________ Anthony W. Ishii Chief District Judge

Order Granting Joint Motion and Amended Joint Motion for Approval of Stipulation and Order Authorizing Receiver to Distribute Funds With Respect to PACA Claims

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BALLANTINE PRODUCE DISTRIBUTION CHART
Receiver Recovery Distribution to Bank of the West Available for PACA Distribution Meuers Law Firm, P.L. Kingsburg Orchards Giumarra International Marketing David Del Curto, S.A. Agricamex, Ltda. Delifruit, S.A. Exportadora & Servicios Rucaray Exportadora Agricola Casabino Southern Fruit, S.A. Totals for Meuers Law Firm, P.L. Stokes Law Office LLP C&D Comercio Comercial Greenvic, S.A. Spectrum Totals for Stokes Law Office Chielpegian Law Offices RJO Produce Marketing, Inc. Totals for Chielpegian Law Offices Keaton & Associates LoBue Bros., Inc. Totals for Keaton & Associates $ $ $ 2,100,644.00 450,000.00 1,650,644.00 Distribution Amount 248,408.19 9,255.26 512,032.23 165,555.49 20,576.97 1,910.31 87,429.92 119,040.28 1,164,208.64

$ $ $ $ $ $ $ $ $

$ $ $ $

220,744.49 219,356.52 10,970.00 451,071.01

$ $

7,878.34 7,878.34

$ $

27,486.01 27,486.01

EXHIBIT A