C.W. Hendrix Farms, Inc. v. J & R Fresh Produce, LLC et al

Filing 8

STIPULATED FINAL JUDGMENT. (See Judgment for details.) The Clerk is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody, Jr. on 2/8/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

C.W. HENDRIX FARMS, INC., a Florida
corporation,

CIVIL ACTION
Case No.: 8:16-cv-00227-T-30JSS

Plaintiff,
v.
J & R FRESH PRODUCE, LLC a Florida
limited liability company, and SHAHEED
ACKBAR, an individual,
Defendants.
STIPULATED FINAL JUDGMENT
THIS CAUSE is before the Court on the parties’ Stipulation for Judgment (Dkt. 7).
Having reviewed the Stipulation and being otherwise advised in the premises, the Court grants
the Stipulation and orders the Clerk of Court to enter Judgment as follows:
1.

In favor of C.W. Hendrix Farms, Inc., as a perfected trust beneficiary of J & R

Fresh Produce, LLC under Section 5(c) of Perishable Agricultural Commodities Act (PACA), 7
U.S.C. §499e(c), and against J & R Fresh Produce, LLC, and Shaheed Ackbar, jointly and
severally, in the amount of $62,671.57, inclusive of attorneys’ fees, costs, and interest, plus postjudgment interest pursuant to 28 U.S.C. § 1961, all of which qualifies for protection under
PACA until satisfied, for which let execution issue.
It is further ORDERED that:
2.

If Defendants are in Default, as defined under the terms of the parties’ settlement

agreement:

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a.

Defendants, their customers, agents, officers, subsidiaries, assigns,
banking institutions, and factors shall not alienate, dissipate, pay over
or assign any assets of J & R Fresh Produce, LLC subject to the PACA
trust, without the consent of C.W. Hendrix Farms, Inc., until further order of
the Court or until Defendants pay the Default Amount, as defined in the
settlement agreement, by cashier’s check or certified check to C.W.
Hendrix Farms, Inc.; and

b.

Defendants shall within five (5) business days of Default, turn over any
and all funds realized from the sale of produce or products derived from
produce, up to the Default Amount, to Meuers Law Firm, P.L., 5395 Park
Central Court, Naples, FL 34109, attorneys for Plaintiff for distribution to
Plaintiff; and

c.

Any and all funds belonging to J & R Fresh Produce, LLC in the
possession of third parties, including all funds belonging to J & R
Fresh Produce, LLC on deposit at banking institutions and/or all
funds in the possession of J & R Fresh Produce, LLC’s
customers, up to the Default Amount, must promptly be paid to Meuers
Law Firm, P.L., 5395 Park Central Court, Naples, FL 34109, attorneys for
Plaintiff for distribution to Plaintiff; and

d.

Any and all funds, up to the Default Amount, owed to J & R Fresh
Produce, LLC, for produce or produce related items, shall be paid
directly to Meuers Law Firm, P.L., 5395 Park Central Court, Naples, FL
34109, attorneys for Plaintiff for distribution to Plaintiff; and

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e.

Defendants shall supply to Plaintiff’s attorney, within five (5) days of the
Default, any and all documents in connection with the assets and
liabilities of J & R Fresh Produce, LLC and any related and subsidiary
companies, including, but not limited to, the most recent balance sheets,
profit/loss statements, accounts receivable reports, accounts payable
reports, accounts paid records and income tax returns.

3.

Upon Defendants’ satisfaction of the payment obligations under the settlement

agreement and this Judgment, Plaintiff shall file a Notice of Satisfaction of Judgment.
4.

The Court shall retain jurisdiction of this action for a period of one year to ensure

that the terms of this Judgment are satisfied.
5.

Plaintiff shall serve a copy of this Judgment via U.S. Mail and e-mail to

Defendants, and file a Certificate of Service thereafter.
6.

The Clerk is directed to close this case and terminate any pending motions as

moot.
DONE and ORDERED in Tampa, Florida on February 8, 2016.

Copies furnished to:
Counsel/Parties of Record

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