Freshko Produce Services, Inc. v. Produce Delight, LLC et al
| Freshko Produce Services, Inc. |
| Wael Abdallah and Produce Delight, LLC |
| 2:2015cv08280 |
| October 22, 2015 |
| US District Court for the Central District of California |
| Dean D. Pregerson |
| Alicia G. Rosenberg |
| Agriculture Acts |
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Filing
74
JUDGMENT by Judge Dean D. Pregerson: Plaintiff Freshko Produce Services Inc., is entitled to judgment against defendants Produce Delights, LLC, and Wael R. Abdallah, jointly and severally, in the total amount of $653,186.27 as set forth as : Pri ncipal in the amount of $385,948.32; Pre-judgment finance charges at the rate of 18% per annum from the date each payment obligation fell due through March 7, 2017, in the amount of $101,271.54; Cost of suit in the amount of $10,138.41; Attorneys fees of $155,828.00; and Post judgment interest charges at the rate of 18% per annum from entry of this Judgment on all principal sums due hereunder until fully paid. (lc)
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Filing
67
ORDER APPROVING SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT IN THE EVENT OF DEFAULT 65 by Judge Dean D. Pregerson. See order for details. Case Terminated. Made JS-6. (jy)
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Filing
43
ORDER RE PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: IT IS HEREBY ORDERED that Defendants Produce Delights, LLC and Wael Abdallah, its owner, be and hereby are preliminarily enjoined during the pendency of thisaction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, from engaging in, committing, or performing directly and indirectly, any and all of the following acts: A. Removing, withdrawing, transferring, assigning, or selling to any other person or en tity, the proceeds from the sales of any or all existing or future inventories of food or other products derived from perishable agricultural commodities and/or receipts of payment for such commodities sold prior to the date of this order and /or otherwise disposing of assets, books, or funds; B. Taking any other action whatsoever that causes, has the effect of causing, or that otherwise dissipates Plaintiffs beneficiary interests in the trust assets; C. Taking any other acti on whatsoever which violates 7 U.S.C. §499e(c)(1)through (4), inclusive, and 7 U.S.C. §499b(4) [§2 of PACA]. IT IS FURTHER ORDERED that this Order shall constitute formal notice to Defendants that Defendants unjustified failure to fully and timely comply with any of the duties and obligations imposed upon Defendants pursuant to this Order and in the manner set forth above could result in the imposition of sanctions to the full extent permitted under Federal Rules of Civil Procedure rule 37(b) and other applicable rules, which may include but are not necessarily limited to, procedural sanctions of prohibiting the introduction of designated matters in evidence, striking Defendants answer and renderin g a default judgment against Defendants, and/or coercive sanctions designed to compel compliance with the terms of this Order, including imprisonment, and/or monetary sanctions including fines and payment of attorneys fees and other reasonable expenses incurred by Plaintiff in this Action. IT IS FURTHER ORDERED that no bond shall be required to be posted by Plaintiff before the Preliminary Injunction is effective. (SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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