Combs Produce Co, LP v CAL-USA Brokers Inc et al

Filing 53

DEFAULT JUDGMENT in favor of Combs Produce Co, LP and against Philip Kostoff jointly and severally with Defendants Cal-USA Brokers, Inc and Harry Manettas in the amount of $740,805.55. Signed by Judge Philip M. Pro on 5/11/2011. (Copies have been distributed pursuant to the NEF - SLR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
LAS VEGAS DIVISION
COMBS PRODUCE CO., LP
Plaintiff,
VS.
CAL-USA BROKERS, INC.,
HARRY MANETTAS, AND
PHILIP KOSTOFF
Defendants.

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CIVIL ACTION NO. 2:10-cv-01523

DEFAULT JUDGMENT AGAINST
DEFENDANT PHILIP KOSTOFF
Before the Court is Plaintiff, COMBS PRODUCE CO., LP’s (“Combs”), Motion for Default
Judgment (the “Motion”) Against Defendant Philip Kostoff (the “Kostoff”). It appears to the Court
after consideration of the evidence submitted in support of the Motion that good and just cause exists
for granting the Motion, particularly in light of the fact that Kostoff, although duly and properly served
with process herein or having waived formal requirements of service of process, has failed to file an
answer or otherwise defend as to the amended complaint filed by Combs initiating the above styled
and referenced action (“Action”).
Accordingly, the Court ORDERS, ADJUDGES and DECREES and finds as follows:
1.

The Motion shall be and is hereby GRANTED; and

2.

Judgment by default shall be and is hereby entered against Kostoff, jointly and severally

with the default judgment heretofore granted in favor of Combs against Defendants Cal-USA Brokers,
Inc. and Harry Manettas (“Defendants”) (Dkt. No. 46), in favor of Combs on all causes of action
asserted in the Amended Complaint filed in the Action (the “Complaint”), which are incorporated
herein by reference as if fully set forth for all purposes; and

DEFAULT JUDGMENT AGAINST DEFENDANT PHILIP KOSTOFF – Page 1

3.

All of the factual allegations set forth in the Complaint shall be and are hereby taken to

be admitted by the Kostoff and are deemed to be true and valid, including but not limited to the
following:
a.

Combs is the beneficiary of a federal statutory trust created in its favor pursuant to

the terms of the PACA (the “PACA Trust”) as it relates to the Kostoff. 7 U.S.C. § 499e(c). The PACA
Trust is intended to secure and provide for repayment of the indebtedness owing to suppliers of perishable
agricultural commodities, such as Combs; and
b.

Defendant violated and breached the PACA Trust provision as it relates to his

obligations owing to Combs; and
4.

Combs shall have and recover judgment of and from Kostoff, jointly and severally with

the other Defendants in the Action, the sum of $740,805.55, together with reasonable attorneys’ fees
and expenses, and costs of court, on the total of which Combs shall also recover pre-judgment interest
of ______% per annum until the date a final judgment is entered in this Action. Combs shall also be
entitled to recover post-judgment interest on all sum awarded by the Court to be set forth in a final
judgment.
SIGNED this ___ day of ___________________, 2011.
11th day of May, 2011.

_____________________________________
UNITED STATES DISTRICT JUDGE

DEFAULT JUDGMENT AGAINST DEFENDANT PHILIP KOSTOFF – Page 2