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

CONSENT ORDER AND JUDGMENT
On this ___ day of July, 2017, 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 Defendants, Rockford Wholesale Produce,
Inc., Elaine Soluri, and Sam D’Amato, by counsel, hereby agree to entry of this Consent Order
and Judgment against Defendants, jointly and severally, for liability arising under Section 5(c) of
the Perishable Agricultural Commodities Act, 7 U.S.C. §499(e)(c) ("PACA"), and the Court,
upon consideration of the same and finding it appropriate to do so, it is hereby:
HELD, that Rockford Wholesale Produce, Inc. (“Rockford Wholesale”), Elaine Soluri,
individually (“Soluri”), and Sam D’Amato, individually (D’Amato”), have breached the trust
provisions of the Perishable Agricultural Commodities Act, 7 U.S.C. Sec. 499(c); and it is
further,

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ORDERED, that Judgment is hereby entered in favor of Jack Tuchten Wholesale
Produce, Inc. and against Rockford Wholesale Produce, Inc., Elaine Soluri, and Sam D’Amato,
jointly and severally, in the amount of $31,515.29, plus post-judgment interest at the rate
specified in 28 U.S.C. 1961 until paid, all of which qualifies for protection under PACA, until
satisfied, for which let execution issue; and it is further,
ORDERED, that Judgment is hereby entered in favor of Strube Celery & Vegetable Co.
and against Rockford Wholesale Produce, Inc., Elaine Soluri, and Sam D’Amato, jointly and
severally, in the amount of $13,004.15, plus post-judgment interest at the rate specified in 28
U.S.C. 1961 until paid, all of which qualifies for protection under PACA, until satisfied, for
which let execution issue; and it is further,
ORDERED, that Judgment is hereby entered in favor of Anthony Marano Co. and
against Rockford Wholesale Produce, Inc., Elaine Soluri, and Sam D’Amato, jointly and
severally, in the amount of $19,378.66, plus post-judgment interest at the rate specified in 28
U.S.C. 1961 until paid, all of which qualifies for protection under PACA, until satisfied, for
which let execution issue; and it is further,
ORDERED, that Judgment is hereby entered in favor of La Galera Produce, LLC. and
against Rockford Wholesale Produce, Inc., Elaine Soluri, and Sam D’Amato, jointly and
severally, in the amount of $8,854.23, plus post-judgment interest at the rate specified in 28
U.S.C. 1961 until paid, all of which qualifies for protection under PACA, until satisfied, for
which let execution issue; and it is further,
ORDERED, that Judgment is hereby entered in favor of Mandolini Co. Inc. and against
Rockford Wholesale Produce, Inc., Elaine Soluri, and Sam D’Amato, jointly and severally, in the
amount of $13,853.73, plus post-judgment interest at the rate specified in 28 U.S.C. 1961 until

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paid, all of which qualifies for protection under PACA, until satisfied, for which let execution
issue.

SO ORDERED this ______ day of ________________________________, 2017.

_____________________________________
Hon. Elaine E. Bucklo
U.S. District Court for the Northern District of
Illinois

ACKNOWLEDGED AND AGREED:
/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

___

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