Castellini Company, L. L. C. v. Nuccio and Sons Sales, Incorporated et al

Filing 7

[STRICKEN AND SET ASIDE AS OF 04/05/06) STIPULATED JUDGMENT. Signed by Honorable Paul D Borman. (DPer, ) Modified on 4/6/2006 (DHame, ).

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Castellini Company, L. L. C. v. Nuccio and Sons Sales, Incorporated et al Doc. 7 Case 2:06-cv-11064-PDB-DAS Document 7 Filed 03/27/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN CASTELLINI COMPANY, LLC Plaintiff, v. NUCCIO & SONS SALES, INC., et al. Defendants. ) CASE NO. 2:06-cv-11064-PDB-DAS ) ) JUDGE PAUL D. BORMAN ) ) ) ) ) ) STIPULATED JUDGMENT 1. Defendants Nuccio & Sons Sales, Inc., Antonio Nuccio, Jr. and Nicasio Nuccio ("Defendants") are commission merchants, dealers and/or brokers of perishable agricultural commodities, making them subject to the Perishable Agricultural Commodities Act of 1930 ("PACA"), as Amended, 7 U.S.C. 499 et seq. and the Code of Federal Regulations promulgated thereunder. 2. In 2005 and 2006, Plaintiff Castellini Company, LLC sold on credit and delivered to Defendants perishable agricultural commodities with a principal sum of $66,317.51, for which Defendants have accepted but refused to pay. 3. Plaintiff, who held a valid PACA license at the time of the above sales transactions, properly preserved its PACA trust rights in accordance with PACA by including the statutory trust language set forth in 7 U.S.C. 499e(c)(4) on each invoice delivered to Defendants. 4. The parties settled their claims pursuant to a Settlement Agreement agreed to by all parties, whereby Defendants acknowledged that Plaintiff held valid PACA claims against Defendants, and Defendants agreed to pay Plaintiff for these valid PACA Case 2:06-cv-11064-PDB-DAS Document 7 Filed 03/27/2006 Page 2 of 2 claims. 5. Defendants are in default on the payments under the Settlement Agreement, making judgment in favor of Plaintiff appropriate as set forth below. WHEREFORE, judgment is rendered against Defendants, and in favor of Plaintiff, as follows: a) Judgment in favor of Plaintiff on its claim for the principal amount of 1,277,19 ; , and $66,317.51, plus prejudgment interest in the amount of $ attorney fees in the amount of $ b) 2,442,33 This judgment is for valid claims arising under PACA, and shall be non- dischargeable in any subsequent bankruptcy proceeding; c) d) Defendants shall be responsible for the costs of this action; and Post-judgment interest shall accrue at the federal statutory rate. There is no just reason for delay. IT IS SO ORDERED. 3/27/06 Date s/ Paul D. Borman THE HONORABLE PAUL D. BORMAN UNITED STATES DISTRICT JUDGE APPROVED: /s/ Devin J. Oddo Devin J. Oddo, Counsel for Plaintiff Defendants /s/ Nicholas J. Bachand Nicholas J. Bachand, Counsel for

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