BRIGIOTTA'S FARMLAND PRODUCE & GARDEN CENTER, INC. v. JERILU FRUIT AND PRODUCE COMPANY et al

Filing 36

ORDER denying 35 Plaintiff's Motion for Reconsideration, for the reasons stated in the Order corresponding to this docket entry. Signed by Judge Cathy Bissoon on 11/17/15. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRIGIOTTA’S FARMLAND PRODUCE )
& GARDEN CENTER, INC.,
)
)
Plaintiff,
)
)
v.
)
)
JERILU FRUIT AND PRODUCE
)
COMPANY,
)
)
Defendant.
)

Civil Action No. 15-251E
Judge Cathy Bissoon

ORDER
Plaintiff’s Motion for Reconsideration (Doc. 35) regarding the Court’s Findings of Fact,
Conclusions of Law and Order (Doc. 34) will be denied.
Contrary to Plaintiff counsel’s understanding, the Court made no finding or ruling at the
Hearing regarding the “traceability” of the proceeds from Defendant Jerilu’s sale of vehicles and
equipment. Rather, the Court’s Findings and Conclusions rely on Plaintiff’s express
representation, in advance of the Hearing, that the parties had “stipulate[d]” that “$10,000 of the
remaining” balance in Jerilu’s bank account “[we]re from the sale of vehicles and other
equipment,” and, thus, “[we]re not subject to the PACA Trust.” See Pl.’s “Proposed Judgment”
(Doc. 22) at 3, ¶ 4. The Court, and Defendant, were entitled to rely on this representation for the
purposes of narrowing the issues in dispute.
Furthermore, the evidence and arguments presented at the Hearing were largely, if not
entirely, consistent with the conclusion that the sale-proceeds in question should not be deemed
PACA-trust assets. Plaintiff’s current arguments, which rely exclusively on who carries the
burden-of-proof, are untenable given Plaintiff’s agreement, before the Hearing, that the funds are

not part of the PACA trust. A grant of reconsideration would be inconsistent with both the
record and notions of justice and fair play, and Plaintiff’s Motion (Doc. 35), therefore,
is DENIED.
IT IS SO ORDERED.

November 17, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

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