Tom Lange Company, Inc. v. Classic Produce Inc. et al

Filing 138

DEFAULT JUDGMENT: For the reasons explained at the April 15, 2021 hearing, Plaintiff Tom Lange Company's motion for a default judgment against Defendant Classic Produce, Inc. is granted. Plaintiff Tom Lange Company has a valid claim under the tr ust provisions of the Perishable Agricultural Commodities Act of 1930 ("PACA"), as amended, 7 U.S.C. § 499e(c) against Defendant, Classic Produce, Inc. in the total amount of $596,705.60. The Clerk of Court will enter judgment in favor of Tom Lange Company and against Classic Produce, Inc. as follows: $365,412.30 in damages and $231,293.30 in pre-judgment interest. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Interveni ng Plaintiff T C Marketing, Inc.s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally , as follows: $320,446.15 in damages, $193,440.37 in pre-judgment interest, $16,209.20 in attorneys' fees, and $131.96 in costs. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Int ervening Plaintiff Kings River Packing, LP's motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, joint ly and severally, for $151,090.00 in damages. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff Duda Farm Fresh Foods, Inc.'s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $101,569.20 in damages, $60,789.54 in pre-judgment interest , $5,137.70 in attorneys' fees, and $41.83 in costs. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff Irigoyen Farms, Inc.'s motion for a default judgment against D efendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $98,308.65 in damages and $72,088.94 in pre-judgm ent interest. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 110, 115, and 134), enter judgment, and close this case. SO ORDERED., Motion s terminated: 110 MOTION for Default Judgment as to Application for Judgment by Default and Order to Show Cause filed by Kings River Packing, LP, Duda Farm Fresh Foods, Inc., T C Marketing, Inc., 115 MOTION for Default Judgment as to Defendants Classic Produce Inc. and Vianney Capellan filed by Irigoyen Farms, Inc., 134 MOTION for Default Judgment as to Defendant Classic Produce filed by Tom Lange Company, Inc. (Signed by Judge Paul G. Gardephe on 4/19/2021) (ama)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TOM LANGE COMPANY, INC., Plaintiff, DEFAULT JUDGMENT - against 18 Civ. 773 (PGG) CLASSIC PRODUCE, INC. and VIANNEY CAPELLAN, Defendants. T C MARKETING, INC.; KINGS RIVER PACKING LP; and DUDA FARM FRESH FOODS, INC., Intervening Plaintiffs, - against CLASSIC PRODUCE, INC. and VIANNEY CAPELLAN, Defendants. IRIGOYEN FARMS, INC., Intervening Plaintiff, - against CLASSIC PRODUCE, INC. and VIANNEY CAPELLAN, Defendants. PAUL G. GARDEPHE, U.S.D.J.: For the reasons explained at the April 15, 2021 hearing, Plaintiff Tom Lange Company’s motion for a default judgment against Defendant Classic Produce, Inc. is granted. Plaintiff Tom Lange Company has a valid claim under the trust provisions of the Perishable Agricultural Commodities Act of 1930 (“PACA”), as amended, 7 U.S.C. § 499e(c) against Defendant, Classic Produce, Inc. in the total amount of $596,705.60. The Clerk of Court will enter judgment in favor of Tom Lange Company and against Classic Produce, Inc. as follows: $365,412.30 in damages and $231,293.30 in pre-judgment interest. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff T C Marketing, Inc.’s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $320,446.15 in damages, $193,440.37 in pre-judgment interest, $16,209.20 in attorneys’ fees, and $131.96 in costs. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff Kings River Packing, LP’s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, for $151,090.00 in damages. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff Duda Farm Fresh Foods, Inc.’s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $101,569.20 in damages, $60,789.54 in pre-judgment interest, $5,137.70 in attorneys’ fees, and $41.83 in costs. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. 2 Intervening Plaintiff Irigoyen Farms, Inc.’s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $98,308.65 in damages and $72,088.94 in pre-judgment interest. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 110, 115, and 134), enter judgment, and close this case. Dated: New York, New York April 19, 2021 3

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