Free Stipulation - 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. STIPULATION FOR JUDGMENT UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT (7 U.S.C. §499e) Plaintiff, Natural Selection Foods, LLC dba Earthbound Farms ("Natural Selection"), and Defendants, Farmers Processing, Inc. ("Farmers Processing") and Raymond Rodriguez ("Rodriguez"), jointly submit the following Stipulation For Judgment Under The Perishable Agricultural Commodities Act (7 U.S.C. §499e). 1. On September 15, 2007, Farmers Processing purchased perishable Case No.: 5:08-cv-01069-HRL

agricultural commodities ("Produce") from Natural Selection in the total amount of $48,965.00. 2. On or about February 22, 2008, a complaint was filed by Natural Selection

to enforce its rights under the trust provisions of the Perishable Agricultural Commodities Act of 1930, as Amended, 7 U.S.C. §499e ("PACA") against Defendants.
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3.

In order to avoid the cost, expense and time involved in litigating the

various claims asserted by Natural Selection against Defendants, Natural Selection has agreed to settle and compromise all claims asserted against Defendants Farmers Processing and Rodriguez. IT IS HEREBY STIPULATED AND AGREED between Natural Selection and Defendants, Farmers Processing and Rodriguez, as follows: A. The Parties stipulate to an Order for Judgment in the form attached as

Exhibit "A" to resolve the instant action pursuant to a Settlement Agreement reached by the Parties. B. The Parties stipulate that Natural Selection is a valid trust beneficiary of

Farmers Processing under Section 5(c) of the 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 the Settlement Agreement, for violation of PACA by failing to maintain PACA trust assets and pay Natural Selection promptly under 7 U.S.C. §§499b(4) and (e)(c)(2). No other interest or fees will be added if the Settlement Agreement is completed. C. The parties hereby stipulate that, upon full payment of all sums pursuant

to the Settlement Agreement executed contemporaneously herewith, the Parties will file a Joint Stipulation for Dismissal of the instant case with prejudice. D. The Parties stipulate that this case shall be administratively closed with

the Court retaining complete jurisdiction to reopen this case and to enforce the terms of this Stipulation and the Settlement Agreement upon application by either party. E. By signing this Stipulation below on behalf of the parties, the undersigned

represent and warrant that they have all requisite authority to bind the parties to the terms of this Stipulation and Order. F. This Stipulation may be executed in any number of counterparts with the

same effect as if all signatories had signed the same document. All counterparts must be construed together to constitute one instrument.
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Stipulated by the Parties on Thursday, June 05, 2008. DONAHUE GALLAGHER WOODS LLP /s/John C. Kirke 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. /s/ Lawrence H. Meuers 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

Stipulation For Judgment

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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. DONE and ORDERED, this ____ day of _______________ at San Jose, California. _________________________________ United States 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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