Tom Lange Company, Inc. v. Classic Produce Inc. et al
| Tom Lange Company, Inc. |
| Classic Produce Inc. and Vianney Capellan |
| T C Marketing, Inc. and Duda Farm Fresh Foods, Inc. |
| 1:2018cv00773 |
| January 29, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G. Gardephe |
| Agricultural Acts |
| 07 U.S.C. ยง 499 |
| None |
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Filing
138
DEFAULT JUDGMENT: For the reasons explained at the April 15, 2021 hearing, Plaintiff Tom Lange Company's motion for a default judgment against Defendant Classic Produce, Inc. is granted. Plaintiff Tom Lange Company has a valid claim under the tr ust provisions of the Perishable Agricultural Commodities Act of 1930 ("PACA"), as amended, 7 U.S.C. § 499e(c) against Defendant, Classic Produce, Inc. in the total amount of $596,705.60. The Clerk of Court will enter judgment in favor of Tom Lange Company and against Classic Produce, Inc. as follows: $365,412.30 in damages and $231,293.30 in pre-judgment interest. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Interveni ng Plaintiff T C Marketing, Inc.s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally , as follows: $320,446.15 in damages, $193,440.37 in pre-judgment interest, $16,209.20 in attorneys' fees, and $131.96 in costs. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Int ervening Plaintiff Kings River Packing, LP's motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, joint ly and severally, for $151,090.00 in damages. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff Duda Farm Fresh Foods, Inc.'s motion for a default judgment against Defendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $101,569.20 in damages, $60,789.54 in pre-judgment interest , $5,137.70 in attorneys' fees, and $41.83 in costs. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. Intervening Plaintiff Irigoyen Farms, Inc.'s motion for a default judgment against D efendants Classic Produce, Inc. and Vianney Capellan is granted. The Clerk of Court will enter judgment against Classic Produce, Inc. and Vianney Capellan, jointly and severally, as follows: $98,308.65 in damages and $72,088.94 in pre-judgm ent interest. Post-judgment interest will accrue at the statutory rate until the judgment is paid in full. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 110, 115, and 134), enter judgment, and close this case. SO ORDERED., Motion s terminated: 110 MOTION for Default Judgment as to Application for Judgment by Default and Order to Show Cause filed by Kings River Packing, LP, Duda Farm Fresh Foods, Inc., T C Marketing, Inc., 115 MOTION for Default Judgment as to Defendants Classic Produce Inc. and Vianney Capellan filed by Irigoyen Farms, Inc., 134 MOTION for Default Judgment as to Defendant Classic Produce filed by Tom Lange Company, Inc. (Signed by Judge Paul G. Gardephe on 4/19/2021) (ama)
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Filing
117
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT AGAINST CLASSIC PRODUCE, INC. AND VIANNEY CAPELLAN: It is: ORDERED, that Defendants, Classic Produce, Inc. and Vianney Capellan appear and show cause before the Honorable Paul G. Gardephe, United States Distri ct Court Judge on the 8 day of April, 2021 at 11 a.m. or as soon thereafter as the parties can be heard, why a Default Judgment should not be granted and entered in favor of Intervening Plaintiff Irigoyen Farms, Inc. and against Defendants, Classic P roduce, Inc. and Vianney Capellan, jointly and severally, pursuant to Fed. R. Civ. P. 55(b), based upon their failure to answer, respond, or otherwise defend with regard to Intervening Plaintiffs' Complaint-in-Intervention. The relief sought by Intervening Plaintiffs is as follows: (1) Declaring that T C Marketing, Inc. has a valid claim under the trust provisions of the Perishable Agricultural Commodities Act of 1930 ("PACA"), as amended, 7 U.S.C.§499e(c) against Defendant, Classic Produce, Inc. in the total amount of $519,165.58; (2) Entering Judgment in T C Marketing, Inc.'s favor and against Defendants, Classic Produce, Inc. and Vianney Capellan jointly and severally in the principal amount of $3 20,446.15, along with taxable costs in the sum of $131.96, attorneys' fees in the amount of $16,209.20, and pre-judgment interest in the sum of $182,378.27 (as of February 4, 2021, with a daily per diem of $158.03 each day thereafter), for a total judgment amount of $519,165.58, plus post-judgment interest at the rate set forth by 28 U.S.C. §1961, all of which qualifies for protection under PACA, until satisfied, for which let execution issue; (3) Declaring that Kings River Packing, LP has a valid claim under the PACA trust provisions, 7 U.S.C.§499e(c) against Defendant, Classic Produce, Inc. in the total amount of $193,230.58; (4) Entering Judgment in Kings River Packing, LP's favor an d against Defendants, Classic Produce, Inc. and Vianney Capellan jointly and severally in the principal amount of $151,090.00, along with taxable costs in the sum of $62.22, and pre-judgment interest in the sum of $42,078.36 ( as of February 4, 2021, with a daily per diem of $37.26 each day thereafter), for a total judgment amount of $193,230.58, plus post-judgment interest at the rate set forth by 28 U.S.C. §1961, all of which qualifies for protection u nder PACA, until satisfied, for which let execution issue; (5) Declaring that Duda Farm Fresh Foods, Inc. has a valid claim under the PACA trust provisions, as amended, 7 U.S.C.§499e(c) against Defendant, Classic Produce, Inc. in the total a mount of $164,031.96; (6) Entering Judgment in Duda Farm Fresh Foods, Inc.'s favor and against Defendants, Classic Produce, Inc. and Vianney Capellan jointly and severally in the principal amount of $101,569.20, along with taxable co sts in the sum of $41.83, attorneys fees in the amount of $5,137.70, and pre-judgment interest in the sum of $57,283.24 (as of February 4, 2021, with a daily per diem of $50.09 each day thereafter), for a total judgment amount of $164,031.96, plus post-judgment interest at the rate set forth by 28 U.S.C. §1961, all of which qualifies for protection under PACA, until satisfied, for which let execution issue. A copy of this Order to Show Cause together with copies of all papers upon which it is based be served by Intervening Plaintiffs upon Defendants Classic Produce, Inc. and Vianney Capellan via regular U.S. Mail, postage prepaid, priority mail, or Federal Express on or before February 19, 2021, which shall be deemed good and sufficient evidence. Defendants, Classic Produce, Inc. and Vianney Capellan must serve and file any response to this Order to Show Cause by March 25, 2021. Intervening Plaintiffs shall docket on the Electronic Case Filing System (&qu ot;ECF") the affidavit and exhibits it offers in support of its default judgment application. With respect to the April 8, 2021 hearing, the parties are directed to dial 888-363-4749 to participate, and to enter the access code 621642. The press and public may obtain access to the telephone hearing by dialing the same number and using the same access code. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Two days before the hearing, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the hearing so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. Defendant, Classic Produce, Inc. and Vianney Capellan are hereby advised that their failure to respond to this Order to Show Cause will be grounds for a Default Judgment being entered against them, in which event the Defendants will have no trial. Intervening Plaintiffs shall file a proof of service of this Order to Show Cause and all moving papers. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/16/2021) (ks)
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