Central Produce El Jibarito, Inc. v. PR Rexville Produce & Distributors, Inc. et al

Filing 10

ORDER granting 3 Motion for Temporary Restraining Order. Service of TRO on Defendants due on or before 10/6/2012. Upon posting of bond, TRO will be in effect until 10/17/2012. Signed by Judge Jay A Garcia-Gregory on 10/3/2012. (RJC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

CENTRAL PRODUCE EL JIBARITO,
INC.
Plaintiff
CIVIL NO. 12-1816 (JAG)
v.

PR REXVILLE PRODUCE &
DISTRIBUTORS, INC. et al.,
Defendants

TEMPORARY RESTRAINING ORDER
On

October

2,

2012,

Plaintiff

filed

a

complaint

with

attachments, a motion for issuance of a temporary restraining
order, and for issuance of an order to show cause as to why a
preliminary injunction should not be issued, together with a
sworn

statement

in

support

thereof,

invoices

and

related

documents.
The Court has reviewed the allegations contained in the
complaint and the documents attached thereto, as well as the
motions.

Plaintiff,

a

seller

of

wholesale

quantities

of

perishable agricultural commodities, posits it sold a variety of
produce

to

Defendants

in

interstate

commerce.

This

sale

of

produce is governed by the Perishable Agricultural Commodities
Act, 7 U.S.C. § 499a-499e (“PACA”). PACA creates a statutory
trust

on

all

produce-related

assets

held

by

agricultural

merchants, dealers, and brokers, which must be maintained by the
buyer

pursuant

to

law

for

the

benefit

of

unpaid

suppliers,

Civ. No. 12-1816

sellers,

or

2

agents

who

provided

the

commodities

until

full

payment has been made by buyer.
Plaintiff has submitted an affidavit and other supporting
documentation to prove that it is a produce dealer and creditor
of Defendants pursuant to the aforementioned Act, and that it
has not been paid for approximately $236,346.10 worth of produce
that

it

has

sold

to

Defendants.

The

documentation

supplied

further shows that Defendants failed to pay Plaintiff the full
amount due when payment was demanded.
Plaintiff’s counsel has also certified that if Plaintiff is
required to give notice to Defendants of the pendency of this
motion, trust assets may be further dissipated before the motion
is heard. (Docket No. 6). Thus, it is justified that a Temporary
Restraining Order for a period of fourteen (14) days be issued
by the Court to maintain the status quo and preserve the rights
of the parties until the Court has an opportunity to hear the
allegations of the parties.
Therefore, and pursuant to Rule 65(b) of the Federal Rules
of Civil Procedure, the Court hereby GRANTS Plaintiff’s Motion
for a Temporary Restraining Order, without hearing or notice,
for the next fourteen (14) days against defendants PR REXVILLE
PRODUCT & DISTRIBUTORS, INC., JORGE CABRERA, his wife JANE DOE,
and the Conjugal Partnership constituted between them, MELVIN
CABRERA,

his

constituted

wife

between

Jane
them.

Roe,

and

Defendants

the

Conjugal

are

ordered

Partnership
to

abstain

and/or refrain from dissipating, transferring and in any other
way liquidating any assets up to the amount in question due to
Plaintiff, which is $236,346.10.
The Court orders that all assets of Defendants, including
without limitation, bank accounts, and/or investment accounts of
Defendants

be

frozen

and

any

amounts

deposited

on

them

be

deposited with this Court. The Clerk of the Court shall issue

Civ. No. 12-1816

any

writs

necessary

3

in

order

to

enforce

this

order.

This

temporary restraining order shall be effective immediately upon
the posting by Plaintiff of a security bond in the amount of
$10,000.00. Plaintiff may satisfy this requirement by posting
with the clerk of the court cash or a bond obtained from a
professional bonding service.
The temporary restraining order herein issued will be in
effect until October 17, 2012. Plaintiff is hereby ORDERED to
deliver this order to Defendants in person on or before October
6, 2012.

IT IS SO ORDERED.
In San Juan, Puerto Rico, this 3rd day of October, 2012.

s/ Jay A. Garcia-Gregory
JAY A. GARCIA-GREGORY
United States District Judge