Lawrence Distributing Company Inc. et al v. Parimar Inc. et al
| Lawrence Distributing Company Inc. and ASL Produce LLC |
| Parimar Inc. a California corporation doing business as D. De Franco & Sons, Richard De Franco, Paul De Franco, Gerald De Franco and Angelica De Franco |
| 2:2024cv02307 |
| March 21, 2024 |
| US District Court for the Central District of California |
| Stephanie S Christensen |
| Maame Ewusi-Mensah Frimpong |
| Agriculture Acts |
| 07 U.S.C. § 499 Agricultural Commodities Act |
| None |
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Filing 38
ORDER APPROVING SETTLEMENT AGREEMENT AND STIPULATION FOR ENTRY OF JUDGMENT AND DISSOLVING TEMPORARY RESTRAINING ORDER [ECF NO. #37 ] by Judge Maame Ewusi-Mensah Frimpong. IT IS HEREBY FURTHER ORDERED that upon the transmittal of the Initial Payment by First Citizens Bank to the "Fennemore Craig, P.C. California State Bar IOLTA Account" the TRO shall be dissolved in its entirety without the need for further Court order. IT IS HEREBY FURTHER ORDERED that the Preliminary Injunction hearing scheduled for May 9, 2024, is hereby vacated. IT IS HEREBY FURTHER ORDERED that the Court shall retain jurisdiction over this matter pursuant to Kokkonen v. Guardian Life Ins., 511 U.S. 375 (1994) to enforce the Stipulation. IT IS HEREBY FURTHER ORDERED that upon verification by Plaintiffs' Counsel that the Initial Payment has been received, Plaintiffs and Defendants shall file a stipulation for dismissal of this action, without prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure, subject to Plaintiffs' motion to reopen and enter judgment in the event of default under the Stipulation. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 37 STIPULATION for Settlement filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc.. (Attachments: #1 Exhibit 1 -- [Proposed] Order Approving Settlement Agreement And Stipulation For Entry Of Judgment)(O'Brien, Elise) |
| Filing 36 MINUTES OF Videoconference Settlement Conference held before Magistrate Judge Stephanie S. Christensen: Case is called. Parties makes their appearances. Settlement is achieved. Parties shall file their stipulation and proposed order no later than April 18, 2024 at 11:00 AM (PST) Court Recorder: CourtSmart 4/17/2024. Plaintiff: Elise O'Brien, Esq. Defendants: Paul Orloff, Esq. and Angelica De Franco, Pro Se. Courtroom Deputy: Teagan Snyder. Time in Court: 6 hours 40 mins. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tsn) |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Appearance #34 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Substitute Attorney (G-01).. Other error(s) with document(s): Form G01 needed.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) |
| Filing 34 NOTICE of Appearance filed by attorney Paul Martin Orloff on behalf of Defendant Parimar Inc. (Attorney Paul Martin Orloff added to party Parimar Inc.(pty:dft))(Orloff, Paul) |
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Filing 33
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Stephanie S. Christensen. The settlement conference will take place on Wednesday, April 17, 2024 at 11:00 a.m. via videoconference. SEE ORDER FOR FURTHER DETAILS AND DEADLINES. (tsn)
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| Filing 32 CERTIFICATE OF SERVICE filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc., re Minutes of In Chambers Order/Directive - no proceeding held,, #30 served on 4/1/24 and 4/2/24. (O'Brien, Elise) |
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Filing 31
(IN CHAMBERS) Order Re: Preparation for Settlement Conference by Magistrate Judge Stephanie S. Christensen. This matter has been referred to the Court for settlement. In preparation for the settlement conference, the Court will hold a counsel-only (no parties) pre-settlement conference by video on Friday, April 12, 2024, at 10:00 a.m. The log-in information will be emailed to counsel. The settlement conference will be scheduled following the conference. SEE ORDER FOR FURTHER DETAILS. (tsn)
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Filing 30
ORDER REGARDING OPPOSITION Re Ex Parte Application [ECF No. #25 ] by Judge Maame Ewusi-Mensah Frimpong. Because it appears to the Court that the De Franco Defendants may not be registered for e-filing, the Plaintiffs are ORDERED to serve this Order on the De Franco Defendants by close of business on April 2, 2024, and file proof of service. The Plaintiffs are ORDERED to contact the De Franco Defendants by April 3, 2024, to discuss contacting Judge Christensen for settlement purposes. IT IS SO ORDERED. (yl)
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| Filing 29 CERTIFICATE OF SERVICE filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc., re Order on Motion for Temporary Restraining Order,,,,,,,, #24 Of All Defendants Via U.S. Mail served on 3/29/24. (O'Brien, Elise) |
| Filing 28 PROOF OF SERVICE filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc., re Order on Motion for Temporary Restraining Order,,,,,,,, #24 Personal Service of Defendant Parimar, Inc. d/b/a D. De Franco & Sons served on 3/29/24. (O'Brien, Elise) |
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Filing 24
ORDER GRANTING IN PART EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER OR, ALTERNATIVELY, FOR PRELIMINARY INJUNCTION [ECF NO. #5 ] by Judge Maame Ewusi-Mensah Frimpong. For the foregoing reasons, the Court hereby ORDERS as follows:Plaintiffs' Ex Parte Application for a TRO is GRANTED. The De Franco Defendants, their counsel, agents, officers, assigns, or representatives are restrained and enjoined pending the hearing and determination of Plaintiffs motion for preliminary injunction from: Removing, withdrawing, transferring, assigning or selling to any other person or entity, the proceeds from the sales of any or all existing or future inventories of food, including but not limited to inventory on hand, perishable agricultural commodities, commodities, and/or other products derived from perishable, including frozen, agricultural commodities, and or receipts of payments for such commodities sold prior to the date of this order, and/or otherwise disposing of corporate assets, books or funds; Taking any other action whatsoever which causes, has the effect of causing, or which otherwise dissipates Plaintiffs' beneficiary interests in the PACA trust assets. De Franco Defendants, their counsel, agents, officers, assigns, or representatives are ORDERED to: Deposit in court or in a separate trust account to be opened by Plaintiffs' attorneys, the trust assets in the principal amount of at least $681,401.88, consisting of the principal sum due of $584,280.75 (itemized as $432,699.95 due to Lawrence Distributing and $151,580.80 due to ASL), plus contractual finance charges through March 21, 2024 in the amount of $9,363.12 due to ASL, plus interest at the statutory rate through March 21, 2024 in the amount of $87,758.01 due to Lawrence Distributing. Plaintiffs shall serve the De Franco Defendants and their counsel with a copy of this order and file proof of service no later than April 3, 2024. (SEE DOCUMENT FOR FURTHER DETAILS) (yl)
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| Filing 23 CERTIFICATE OF SERVICE filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc., Certificate of Service of Judge Frimpong's Standing Order On All Defendants served on 3/26/24. (O'Brien, Elise) |
| Filing 22 PROOF OF SERVICE Executed by Plaintiff Lawrence Distributing Company Inc., ASL Produce LLC, upon Defendant Richard De Franco served on 3/26/2024, answer due 4/16/2024. Service of the Summons and Complaint were executed upon "Jane Doe" - Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (O'Brien, Elise) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Lawrence Distributing Company Inc., ASL Produce LLC, upon Defendant Gerald De Franco served on 3/26/2024, answer due 4/16/2024. Service of the Summons and Complaint were executed upon "Jane Doe" - Receptionist in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy (O'Brien, Elise) |
| Filing 20 TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: This matter has been assigned to District Judge Maame Ewusi-Mensah Frimpong. The Court refers counsel to the Court's Initial Standing Order found on the Court's website under Judge Frimpong's Procedures and Schedules. Please read the Standing Order carefully. It is the responsibilities of the parties to maintain familiarly with the Standing Order and any future amendments that the Court may issue by periodically checking the Court's website for the operative version of the Standing Order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY |
| Filing 19 NOTICE OF NON-OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets #5 filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc.. (O'Brien, Elise) |
| Filing 27 ANSWER to Complaint #1 filed by defendant Paul De Franco.(yl) |
| Filing 26 NOTICE of Interested Parties filed by Paul DeFranco. (yl) |
| Filing 25 PARIMAR DBA DEFRANCO AND SONS INC TO PAY DEBT OWED TO LAWRENCE DISTRIBUTING AND ASL PRODUCE PACA CREDITORS (OPPOSITION) RE EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets #5 . (yl) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff Lawrence Distributing Company Inc., ASL Produce LLC, upon Defendant Angelica De Franco served on 3/22/2024, answer due 4/12/2024. Service of the Summons and Complaint were executed upon Angelica De Franco in compliance with Federal Rules of Civil Procedure by personal service (O'Brien, Elise) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff Lawrence Distributing Company Inc., ASL Produce LLC, upon Defendant Paul De Franco served on 3/22/2024, answer due 4/12/2024. Service of the Summons and Complaint were executed upon Paul De Franco in compliance with Federal Rules of Civil Procedure by personal service (O'Brien, Elise) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Lawrence Distributing Company Inc., ASL Produce LLC, upon Defendant Parimar Inc. served on 3/22/2024, answer due 4/12/2024. Service of the Summons and Complaint were executed upon Paul De Franco, CEO in compliance with Federal Rules of Civil Procedure by personal service (O'Brien, Elise) |
| Filing 15 CERTIFICATE OF SERVICE filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company Inc., re Text Only Scheduling Notice,, 14 served on 3/22/24. (O'Brien, Elise) |
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Filing 14
(IN CHAMBERS) ORDER TEXT ONLY ENTRY by Judge Maame Ewusi-Mensah Frimpong: The Court is in receipt of Plaintiffs' Application for a Temporary Restraining Order ECF No. #5 . Defendants Parimar Inc., Richard De Franco, Paul De Franco, Gerald De Franco, and Angelica De Franco are ORDERED to file an opposition to the Application for a Temporary Restraining Order by 5:00 pm on March 25, 2024, and Plaintiff is Ordered to file any Reply by 5:00 pm on Tuesday, March 26, 2024. The Court will set a hearing date if necessary after reviewing the papers. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbe) TEXT ONLY ENTRY
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| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Angelica De Franco, Gerald De Franco, Paul De Franco, Richard De Franco, Parimar Inc.. (sh) |
| Filing 12 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Stephanie S. Christensen. (sh) |
| Filing 9 DECLARATION of Francisco Sanchez In Support Of EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets #5 filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (Attachments: #1 Exhibit 1 - ASL Produce's PACA License, #2 Exhibit 2 - De Franco & Sons' PACA License, #3 Exhibit 3 - ASL Produce's Invoices, #4 Declaration Original Spanish Version of Francisco Sanchez' Declaration)(O'Brien, Elise) |
| Filing 8 DECLARATION of Perry Lawrence In Support Of EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets #5 filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (Attachments: #1 Exhibit 1 - Lawrence Distributing's PACA License, #2 Exhibit 2 - De Franco & Sons' PACA License, #3 Exhibit 3 - Lawrence Distributing's Invoices)(O'Brien, Elise) |
| Filing 7 MEMORANDUM in Support of EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets #5 filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (Attachments: #1 Exhibit 1 - Previously Issued Orders, #2 Exhibit 2 - Judge Haight's Ruling re No Bond Necessary)(O'Brien, Elise) |
| Filing 6 DECLARATION of Elise O'Brien In Support Of EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets #5 Re Notice filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (Attachments: #1 Exhibit 1 - Letter to Defendants, #2 Exhibit 2 - Fed-Ex Label, #3 Exhibit 3 - Delivery Confirmation)(O'Brien, Elise) |
| Filing 5 EX PARTE APPLICATION for Temporary Restraining Order as to PACA Trust Assets filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (Attachments: #1 Exhibit 1 - De Franco & Sons' PACA License, #2 Exhibit 2 - Amortization Schedule re ASL Balance Due, #3 Exhibit 3 - Amortization Schedule re Lawrence Balance Due, #4 Proposed Order [Proposed] TRO, #5 Proposed Order [Proposed] PI Order) (O'Brien, Elise) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc., (O'Brien, Elise) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (O'Brien, Elise) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs ASL Produce LLC, Lawrence Distributing Company, Inc.. (O'Brien, Elise) |
| Filing 1 COMPLAINT Receipt No: ACACDC-37135841 - Fee: $405, filed by Plaintiffs Lawrence Distributing Company, Inc., ASL Produce LLC. (Attorney Elise Charlotte O'Brien added to party ASL Produce LLC(pty:pla), Attorney Elise Charlotte O'Brien added to party Lawrence Distributing Company, Inc.(pty:pla))(O'Brien, Elise) |
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