Indianapolis Fruit Company, Inc. v. Oneys Inc et al

Filing 41

OPINION entered by Judge Sue E. Myerscough on 6/23/2011. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Final Judgment is GRANTED and entered in favor of Plaintiff and against Defendants Oney's Inc. d/b/a Oney's Foods, Havana; d /b/a Oney's Foods, Mason City; and d/b/a Oney's Foods, Manito, IL; Sheryl Roos, individually; and Jeffrey Oney a/k/a Jeff Oney, individually, on Count I of the Complaint. 2. Final Judgment is GRANTED and entered in favor of Plaintiffand aga inst Defendant Oney's Inc. d/b/a Oney's Foods, Havana; d/b/aOney's Foods, Mason City; and d/b/a Oney's Foods, Manito, IL, on Count II of the Complaint. 3. Final Judgment is GRANTED and entered in favor of Plaintiff and against Def endants Sheryl Roos and Jeffrey Oney a/k/a Jeff Oney, each in their individual capacities, on Count III of the Complaint. 4. Judgment is entered in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $37,795.25. (MAS, ilcd)

E-FILED

Thursday, 23 June, 2011 04:03:22 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
INDIANAPOLIS FRUIT COMPANY INC,

)
)
Plaintiff,
)
)
v.
) Case No. 10-3223
)
ONEY’S INC. d/b/a Oney’s Foods, Havana; d/b/a )
Oney’s Foods, Mason City; and d/b/a Oney’s
)
Foods, Manito, IL; and SHERYL ROOS,
)
individually, and JEFFREY ONEY
)
a/k/a Jeff Oney, individually
)
)
Defendants.
)
OPINION

SUE E. MYERSCOUGH, United States District Judge.
This cause is before the Court on the Plaintiff Indianapolis Fruit
Company, Inc.’s Motion for Default Judgment Against All Defendants
(d/e 37). For the following reasons, the Motion is GRANTED.
FINDINGS
A. Plaintiff filed its First Amended Complaint against Defendants
Oney’s Inc. d/b/a Oney’s Foods, Havana; d/b/a Oney’s Foods, Mason
City; and d/b/a Oney’s Foods, Manito, IL (“Company”), and Sheryl Roos

and Jeffrey Oney a/k/a Jeff Oney, individually. In the First Amended
Complaint, Plaintiff sought protection of its interests under the
Perishable Agricultural Commodities Act 7 U.S.C. § 499a-499t ("PACA")
(Count I). In addition, Plaintiff alleged breach of contract (Count II)
and breach of fiduciary duty to PACA trust beneficiaries (Count III).
Defendants were served. The Company was required to answer or
otherwise plead on or before October 29, 2010. Sheryl Roos was
required to answer or otherwise plead on or before April 15, 2011.
Jeffrey Oney a/k/a Jeff Oney was required to answer or otherwise plead on
or before April 19, 2011.
B. Each of the Defendants failed to answer, plead, or otherwise
defend.
C. Defendants Sheryl Roos and Jeffrey Oney are not incompetent,
infants, nor in military service.
D. Plaintiff has submitted the Affidavit of Beth Mouzin, Controller
of Plaintiff, asserting that Defendants owed Plaintiff $37,795.25 as of
May 5, 2011, which includes the unpaid invoices, interest, attorney fees,

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and costs. Copies of the invoices were attached to the Affidavit. The
request for attorney fees and costs in the amount of $15,446.77 was
supported by the Declaration and Supplemental Declaration of attorney
David A. Adelman.
Good cause appearing therefor, the Court finds that the Plaintiff, in
accordance with Rule 55 of the Federal Rules of Civil Procedure, is
entitled to judgment by default against: 1) Oney’s Inc. d/b/a Oney’s
Foods, Havana; d/b/a Oney’s Foods, Mason City; and d/b/a Oney’s Foods,
Manito, IL; and 2) Sheryl Roos, individually; and 3) Jeffrey Oney a/k/a
Jeff Oney, individually, with execution on this Judgment to issue
immediately.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND
DECREED as follows:
1. Final Judgment is GRANTED and entered in favor of Plaintiff
and against Defendants Oney’s Inc. d/b/a Oney’s Foods, Havana; d/b/a
Oney’s Foods, Mason City; and d/b/a Oney’s Foods, Manito, IL; Sheryl
Roos, individually; and Jeffrey Oney a/k/a Jeff Oney, individually, on

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Count I of the Complaint.
2. Final Judgment is GRANTED and entered in favor of Plaintiff
and against Defendant Oney’s Inc. d/b/a Oney’s Foods, Havana; d/b/a
Oney’s Foods, Mason City; and d/b/a Oney’s Foods, Manito, IL, on
Count II of the Complaint.
3. Final Judgment is GRANTED and entered in favor of Plaintiff
and against Defendants Sheryl Roos and Jeffrey Oney a/k/a Jeff Oney,
each in their individual capacities, on Count III of the Complaint.
4. Judgment is entered in favor of Plaintiff and against Defendants,
jointly and severally, in the amount of $37,795.25.
5. There is no just reason for delaying the enforcement of this
judgment, or an appeal therefrom.
ENTERED: June 23, 2011
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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