Batth et al v. Market 52, Inc. et al

Filing 22

STIPULATION And ORDER For Entry Of Judgment And Dissolution Of Preliminary Injunction, signed by Chief Judge Anthony W. Ishii on 12/16/2011. CASE CLOSED.(Fahrney, E)

1
2
3
4
5
6
7

T. SCOTT BELDEN, State Bar No. 184387
KALEB L. JUDY, State Bar No. 266909
KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 California Avenue, Second Floor
Bakersfield, California 93309
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]; [e-mail]
Attorneys for Market 52, Inc., Jerald D. Downs, and
Lyndsey C. Downs

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11
12

CHARANJIT BATTH, and GAGAN BATTH,
individuals,

13

Plaintiffs,

14

v.

16

MARKET 52, INC., a California corporation;
JERALD D. DOWNS, and LYNDSEY C.
DOWNS, individuals,

17

Case No. 1:11-CV-01806-AWI-SKO

STIPULATION AND ORDER FOR
ENTRY OF JUDGMENT AND
DISSOLUTION OF
PRELIMINARY INJUNCTION

Defendants.

15

18

Plaintiffs, Charanjit Batth and Gagan Batth, by and through their undersigned attorneys,

19

and Defendants, Market 52, Jerald Daniel Downs and Lyndsey C. Downs, hereby stipulate and

20

agree to the terms of this Stipulation and Order, and the Court hereby approves this Stipulation

21

and enters the Order thereon.

22

1.

Plaintiffs, Charanjit Batth and Gagan Batth, are trust creditors under the

23

provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. §499e(c), against

24

Defendants, Market 52, Jerald Daniel Downs and Lyndsey C. Downs, jointly and severally,

25

and on a debt in the principal amount of $77,915.75. Plaintiffs are also general creditors of

26

Market 52, Jerald Daniel Downs and Lyndsey C. Downs, jointly and severally, in an additional

27

amount of at least $101,020.50.

28
11cv1806.stipo.Batth disolve PI & close case.doc

1

STIPULATION AND ORDER

1

2.

Defendants, Market 52, Jerald Daniel Downs and Lyndsey C. Downs, shall pay

2

to Plaintiffs Charanjit Batth and Gagan Batth the total sum of $178,936.25, as follows:

3

$50,000.00 on or before 45 days from execution of this Stipulation, and the remaining balance

4

in separate, equal weekly installments of $5,000.00, commencing on or before the first Friday

5

that is at least seven days after the initial payment, and continuing each Friday thereafter until

6

the $178,936.25 is paid in full. All payments shall be by certified check, cashier’s check,

7

money order, or wire transfer, payable to Charanjit Batth and Gagan Batth and delivered to

8

Charanjit Batth and Gagan Batth, c/o Campagne, Campagne, & Lerner, 1685 N. Helm Avenue,

9

Fresno, CA 93727, on or by the date payment is due. The initial payment will be allocated to

10

the debt subject to PACA and the debt not subject to PACA in the ratio of .50 to .50. Each

11

additional payment will be allocated to the debt subject to PACA and the debt not subject to

12

PACA, in the ratio .385 to .615.

13

3.

To secure the payment of said amount, defendants Market 52, Jerald Daniel

14

Downs and Lyndsey C. Downs, have agreed that judgment may be entered against them in the

15

amounts noted above. Plaintiffs have agreed to refrain from executing on that judgment as

16

long as defendants make the payments noted above.

17

4.

If there is a default in the payment of any of the payments referenced in

18

paragraph 2, that remains uncured for a period of three business days, the aforesaid sum above

19

mentioned in paragraphs 1 and 2 above, or any balance that may appear to be unpaid thereon,

20

together with all costs and reasonable attorney’s fees to collect the sum due (including those

21

incurred to determine additional costs and fees) (hereafter “the Debt”), less any payments made

22

pursuant to this Stipulation, shall, at the option of the Plaintiff, thereupon become immediately

23

due and payable, and Plaintiffs shall be entitled to take any lawful action to execute on the

24

judgment.

25

5.

Nothing herein, including the installment nature of the payments being made

26

hereunder, shall be deemed, interpreted or otherwise construed as an extension of credit by the

27

Plaintiff to Defendants, or as a waiver of the Plaintiffs’ rights under the statutory trust

28

provision of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §499e(c) to
11cv1806.stipo.Batth disolve PI & close case.doc

2

STIPULATION AND ORDER

1

pursue third parties for the recovery of PACA trust assets. Plaintiffs’ rights under this

2

Stipulation and Order are in addition to their rights under said trust provision.

3
4
5

6.

The Court shall retain jurisdiction over the parties during the pendency of the

application of this Order.
7.

This Order supersedes the Order on Plaintiffs’ Application for Preliminary

6

Injunction which was granted on November 17, 2011. The Order on Plaintiffs’ Application for

7

Preliminary Injunction is hereby dissolved, effective immediately.

8

IT IS SO STIPULATED

9

Dated this 8th day of December, 2011

10

MARKET 52, INC.

11
12
13

By_/s/ Jerald Daniel Downs _________
Jerald Daniel Downs, President

14
15

JERALD DANIEL DOWNS

16
17
18

By:__ /s/ Jerald Daniel Downs ______
Jerald Daniel Downs, Individually

19
20

LYNDSEY C. DOWNS

21
22
23

By:_/s/_ Lyndsey C. Downs ______
Lyndsey C. Downs, Individually

24
25
26
27

[Additional signatures follow]

28
11cv1806.stipo.Batth disolve PI & close case.doc

3

STIPULATION AND ORDER

1
2
3

CAMPAGNE, CAMPAGNE, & LERNER, PC

4
5
6

By:_/s/ Wiley R. Driskill_______________
JUSTIN T. CAMPAGNE
WILEY R. DRISKILL
Attorneys for CHARANJIT BATTH and GAGAN BATTH

7
8
9
10
11

GAGAN BATTH

By:__/s/ Gagan Batth__________________
GAGAN BATTH

12
13

ORDER

14
15
16
17
18

IT IS SO ORDERED.
Dated: December 16, 2011
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

19
20

0m8i788

21
22
23
24
25
26
27
28
11cv1806.stipo.Batth disolve PI & close case.doc

4

STIPULATION AND ORDER