Jack Tuchten Wholesale Produce, Inc. et al v. Rockford Wholesale Produce, Inc. et al

Filing 42

MOTION by Plaintiffs Jack Tuchten Wholesale Produce, Inc., Strube Celery & Vegetable Co., Intervenor Plaintiffs La Galera Produce LLC, Mandolini Co. Inc. for judgment Unopposed Motion for Entry of Consent Order and Judgment (Attachments: # 1 Text of Proposed Order)(Fassett, Mary)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS,
EASTERN DIVISION

JACK TUCHTEN WHOLESALE PRODUCE,
:
INC., and STRUBE CELERY & VEGETABLE CO., :
et al.,
:
:
Plaintiffs
:
:
v.
:
:
ROCKFORD WHOLESALE PRODUCE, INC.,
:
ELAINE SOLURI, and SAM D’AMATO,
:
:
Defendants
:

Case No. 1:17cv03065
Judge: Hon. Elaine E. Bucklo
Magistrate Judge Maria Valdez

UNOPPOSED MOTION FOR ENTRY OF CONSENT ORDER AND JUDGMENT
COME NOW Plaintiffs, Jack Tuchten Wholesale Produce, Inc. and Strube Celery &
Vegetable Co., and Intervening Plaintiffs, Anthony Marano Company (“Marano”), La Galera
Produce, LLC, and Mandolini Co. Inc. (collectively, “Intervenor Plaintiffs”), and Defendants
Rockford Wholesale Produce, Inc., Elaine Soluri and Sam D’Amato, by and through their
respective counsel, and hereby move this Honorable Court for the entry of the attached Consent
Order and Judgment. In support of this Motion, Plaintiffs state as follows:
1.

On May 4, 2017, this Honorable Court entered an Agreed Order Establishing

PACA Trust Claims Procedure (hereinafter, “the PACA Claims Order”). See Doc. #23.
2.

All Parties had until May 24, 2017 to file their PACA Proof of Claim in order to

participate in a pro rata distribution of any of the recovered PACA trust assets in this case. See
Doc. #23, ¶7. A total of $137,369.98 in PACA Claims were filed.
3.

No objections were asserted to any of the filed PACA Claims, and the trust claims
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were deemed valid pursuant to the terms of the PACA Claims Order. See Doc. #23, ¶13. A First
Interim Distribution PACA Trust Chart was filed on June 21, 2017 [Doc. #38], and pro rata
distributions made pursuant to the Chart on July 5, 2017 of seventy-five percent (75%) of the
PACA Trust res, or $32,413.22, with the remaining twenty-five percent (25%) held back to satisfy
any approved common fund fee applications.
3.

An Unopposed Motion to Approve Second PACA Trust Chart, Including Common

Fund Fees Incurred for Benefit of All Claimants, and for Second and Final Distribution in
Accordance With PACA Trust Chart was filed on July 19, 2017 [Doc. 40], and is pending before
the Court, which distributes the remaining $10,804.41 in funds on deposit in the McCarron &
Diess Client Trust Account for the benefit of Rockford PACA trust claimants.
4.

There is a shortfall in trust assets to satisfy the undisputed PACA claims of those

claimants who filed Complaints or Complaints in Intervention,1 and Defendants Rockford
Wholesale Produce, Inc., Elaine Soluri, and Sam D’Amato, Jr., have consented to the entry of
judgment in favor of Plaintiffs, Jack Tuchten Wholesale Produce, Inc. and Strube Celery & Vegetable
Co., and Intervening Plaintiffs, Anthony Marano Company, La Galera Produce, LLC, and Mandolini
Co. Inc., and against Defendants, jointly and severally, for the shortfall amount. The proposed
Consent Order and Judgment is being filed herewith.
FOR THESE REASONS, Plaintiffs respectfully request that this Honorable Court grant
Plaintiffs’ Unopposed Motion for Entry of Consent Order and Judgment, and for such other and
further relief as this Honorable Court deems appropriate upon consideration of the matter.

1

Intervening Plaintiffs Coosemans Chicago Inc. and Dietz & Kolodenko Co. did not file Complaints in Intervention
in this proceeding.

2

July 19, 2017

Respectfully submitted,

/s/Mary Jean Fassett______________
Mary Jean Fassett, Esq.#9078552
McCARRON & DIESS
4530 Wisconsin Ave., NW #301
Washington, D.C. 20016
Tel: [phone]; Fax. [phone]
[e-mail]

_/s/Mary E. Gardner___________________________
Mary E. Gardner, Esq. #6190951
MARY E. GARDNER, P.C.
P.O. Box 330
West Dundee, IL 60118
Tel. [phone]; Fax: [phone]
[e-mail]
Attorneys for Defendants

LAW OFFICES OF WILLIAM B. KOHN

MAKSIMOVICH & ASSOCIATES, P.C.

/s/ William B. Kohn
William B. Kohn, #6196142
29 E. Madison Street
Suite 1000
Chicago, Illinois 60602
[phone]
[phone] – fax
[e-mail]
Attorneys for Plaintiffs and
Intervening Plaintiffs
La Galera Produce, LLC and
Mandolini Co., Inc.

/s/ Robert B. Marcus
Robert B. Marcus, #6304891
Maksimovich & Associates, P.C.
8643 Ogden Avenue
Lyons, Illinois 60534
[phone]
[phone] - fax
[e-mail]
Attorneys for Intervening Plaintiff
Anthony Marano Company

___

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing, together with any and all exhibits
referenced therein, was served upon all counsel of record via the Court’s CM/ECF system, this 19th
day of July, 2017.

/s Mary Jean Fassett
Mary Jean Fassett

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