Free Terminate Deadlines and Hearings - District Court of California - California

Case 5:08-cv-01069-HRL

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Lawrence H. Meuers, Esq. (SBN 197663) Katy Koestner Esquivel, Esq. MEUERS LAW FIRM, P.L. 5395 Park Central Court Naples, FL 34109 Telephone: (239)513-9191 Facsimile: (239)513-9677 [email protected] [email protected] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NATURAL SELECTION FOODS, LLC dba EARTHBOUND FARMS, Plaintiff, vs. FARMERS PROCESSING, INC., and RAYMOND RODRIGUEZ, Defendants. ORDER FOR JUDGMENT UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT (7 U.S.C. § 499e) This Court is presented with the parties' Stipulation for Judgment Under The Perishable Agricultural Commodities Act (7 U.S.C. §499e). After my review of the Stipulation, and being otherwise fully advised in the premises, IT IS ORDERED: A. Natural Selection Foods, LLC dba Earthbound Farms is a valid trust Case No.: 5:08-cv-01069-HRL

beneficiary of Farmers Processing, Inc. in accordance with Section 5(c) of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §499e(c), in the aggregate amount of $53,965.00, inclusive of interest and attorneys' fees as of the date of this Stipulation, for

Order for Judgment

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violation of PACA by failing to maintain PACA trust assets and pay Eco Farms promptly under 7 U.S.C. §§499b(4) and (e)(c)(2). B. Judgment is hereby entered in favor of Natural Selection Foods, LLC dba

Earthbound Farms and against Defendants, Farmers Processing, Inc. and Raymond Rodriguez, jointly and severally, in the amount of $53,965.00, inclusive of interest and attorneys' fees as of the date of this Order. C. Post-judgment interest shall accrue on the above amount at the current

post-judgment rate per annum pursuant to 28 U.S.C. §1961 from the date of the entry of this Judgment until paid in full. D. This case shall be administratively closed, with this Court retaining

complete jurisdiction to reopen this case and to enforce the terms of the Stipulation and the Settlement Agreement upon application by either party. June 6 DONE and ORDERED, this ____ day of _______________ at San Jose, California. _________________________________ United States Magistrate Judge District Judge Copies furnished to:
DONAHUE GALLAGHER WOODS LLP John C. Kirke, Esq. (SBN 175055) 300 Lakeside Drive Suite 1900 Oakland, CA 94612-3570 Telephone: (510) 451-0544 Facsimile: (510) 832-1486 [email protected] Attorneys for Defendants MEUERS LAW FIRM, P.L. Lawrence H. Meuers, Esq. (SBN 197663) Katy Koestner Esquivel, Esq. 5395 Park Central Court Naples, FL 34109-5932 Telephone: (239)513-9191 Facsimile: (239)513-9677 [email protected] [email protected] Attorneys for Plaintiff

Order for Judgment

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THIS SHALL CERTIFY THAT NOTICE WILL BE SENT TO: John Kirke [email protected] Lawrence Meuers [email protected] Katy Koestner Esquivel [email protected]

* Counsel are responsible for providing copies of this order to co-counsel who have not registered for e-filing. June 6, 2008 Date: _______

MPK Chambers of Magistrate Judge Howard R. Lloyd