Classic Harvest LLC v. Freshworks LLC et al
| Classic Harvest LLC |
| Freshworks LLC, CRISP Holdings LCC, Fresh Roots LLC, CHS Holdings LLC, Joseph T. Cerniglia, Phillip Coleman, David R. Gattis, Jonathan S. Green, Timothy G. Harrison, Carl L. Perry, Charles H. Schuchardt and Agrifact Capital LLC |
| 1:2015cv02988 |
| August 25, 2015 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| William S. Duffey |
| Agricultural Acts |
| 07 U.S.C. ยง 499 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
497
OPINION AND ORDER granting AgriFact's Motion for Leave to File Third-Party Complaint against Blackhive Corp., Inc. 443 , denying US Foods' Motion to Stay Crossclaim 453 , and denying as moot US Foods' Motion to Dismiss 455 , Motion for More Definite Statement 456 , and Motion to Stay Discovery 452 . Signed by Judge William S. Duffey, Jr on 11/7/17. (ddm)
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Filing
483
OPINION AND ORDER granting Market Express, Inc. and Williams Farms, LLC's Motion for Joinder in Plaintiffs Motion for Summary Judgment 399 ; denying Classic Harvest's Motions to Strike [416,429], and AgriFact's Motion for Leave to Fil e a Corrected Response to Plaintiff's Statement of Uncontested Fact 426 ; and denying AgriFact's Motion for Summary Judgment 430 . Classic Harvest's Motion for Partial Summary Judgment 395 against AgriFact, in which the Intervening Plaintiffs join, is granted in part. The motion is granted as to Trust Assets AgriFact held after August 24, 2015, including Receivables, their proceeds, and funds held as the reserve pursuant to the Factoring Agreement, and AgriFact is required to disgorge funds in this amount. The motion is denied as to Trust Assets AgriFact held before August 24, 2015. It is further ordered that, on or before September 14, 2017, AgriFact shall file with the Court a document showing, the amount of funds, if a ny, AgriFact remitted to Crisp from payments Account Debtors made, after August 24, 2015, to AgriFact on the Receivables factored by Crisp. Classic Harvest's Motion for Reconsideration 361 of the Court's September 6, 2016, Order, is denied as moot. Signed by Judge William S. Duffey, Jr on 9/7/17. (ddm)
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Filing
436
OPINION AND ORDER denying as moot AgriFact's first Motion to Sustain its Objections to Pacific Sales Company's PACA Proof of Claim 352 , first Motion to Sustain its Objection to the Remaining Claimants 356 , and Motion to Sustain its Obje ctions to Beaumont Juice's PACA Proof of Claim 355 . AgriFact's Motion to Sustain its Objections to Market Express's PACA Proof of Claim 346 is granted in part and denied in part. AgriFact's objections to recognition, as payabl e out of the PACA Trust, of Market Express;s (1) invoices billed to the Fresh Roots SHORTS account, based on failure to disclosure modified payment terms, and (2) Invoice Nos. 1706, 1713, and 1715, based on failure to show that Produce was received, require further proceedings. AgriFact's remaining objections to Market Expresss Proof of Claim are overruled. AgriFact's Amended and Restated Motion to Sustain its Objections to the Claims of DArrigo Bros. Co. of California, Tanimura & Ant le Fresh Foods, Mann Packing, Church Brothers, West Pak Avocado, Eureka Specialties, Global Tranz, Railex and Calvo Growers 357 , is granted in part and denied in part. AgriFact's objections to Calavo's and Railex's Proofs of Claim ar e sustained. AgriFact's objection to Global Tranz's Proof of Claim is denied as moot. AgriFact's remaining objections in this Motion are overruled. AgriFact's Motions to Sustain its Objections to Williams' Farms Proof of Cla im 347 , Classic Harvest's PACA Proof of Claim 348 , Sunkist's Proof of Claim 354 , Vaughans Proof of Claim 349 , Taylor Farms' Proof of Claim 350 , Bengard Ranch's Proof of Claim 351 , and Pacific Sales' Proof of Claim 353 , are denied. AgriFact's objections in these Motions are overruled. It is further ordered that, on or before June 6, 2017, Counsel for Crisp shall submit to the Court an updated PACA Claims Chart, incorporating the Court's rulings contained in this Order. Signed by Judge William S. Duffey, Jr on 5/31/17. (ddm)
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Filing
431
OPINION AND ORDER granting in part and denying in part US Foods 383 Motion to Dismiss for Failure to State a Claim. It is GRANTED with respect to Count VI and Count VI is DISMISSED. It is DENIED with respect to Counts IV, V and VII. Signed by Judge William S. Duffey, Jr on 4/28/17. (jkl)
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Filing
404
OPINION AND ORDER granting the Stokes Law Office LLPs Interim Application for Attorneys Fees 309 . Stokes Law is entitled to $117,861.00 in attorneys fees and costs for the period September 4, 2015, through May 31, 2016. Signed by Judge William S. Duffey, Jr on 1/30/17. (ddm)
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Filing
342
OPINION AND ORDER granting AgriFacts Emergency Motion Requesting Reduction in the Ordered Set Aside Amount 99 . The Injunction is modified to reflect that AgriFact is required to maintain funds in a separate, segregated account, in the amount of identifiable CRISP PACA Trust Assets in AgriFacts possession. Signed by Judge William S. Duffey, Jr on 9/6/16. (ddm)
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Filing
98
OPINION AND ORDER that AgriFact's Motions for Reconsideration 54 , 72 are DENIED IN PART and GRANTED IN PART. They are DENIED with respect to AgriFact's request to lift the Injunction imposed in the September 4th Order, as clarified by th e October 22nd Order. They are GRANTED with respect to AgriFact's request to modify the Injunction to reflect only the amount of funds AgriFact may be required to disgorge. Accordingly, AgriFact shall maintain funds in a separate, segregated acc ount, in the amount of $1,684,523.29. IT IS FURTHER ORDERED that Classic Harvest's Motion for Order Converting AgriFacts Rule 12(b)(6) Motion to Dismiss to a Rule 56 Motion for Summary Judgment 77 is DENIED AS MOOT. Signed by Judge William S. Duffey, Jr on 12/31/2015. (anc)
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