Filed: Mar. 04, 2019
Latest Update: Mar. 04, 2019
Summary: PLAINTIFFS' CONSENT ORDER TO AMEND AMENDED PRELIMINARY INJUNCTION ORDER, ESTABLISHING PACA CLAIMS PROCEDURE, AND ALLOWING EXPEDITED DISCOVERY [ECF NO. 47] JOHN A. MENDEZ , District Judge . Plaintiff GreenGate Fresh, LLLP ("GreenGate"), Intervening Plaintiffs Sunterra Produce Traders, Inc., 1st Quality Produce, Inc., Peterson Farms, Inc., Coastal Pacific Sales, LLC; and Froerer Farms, Inc. d/b/a Owyhee Produce (collectively "Intervening Plaintiffs") and Consolidated Plaintiffs FreshPoint Den
Summary: PLAINTIFFS' CONSENT ORDER TO AMEND AMENDED PRELIMINARY INJUNCTION ORDER, ESTABLISHING PACA CLAIMS PROCEDURE, AND ALLOWING EXPEDITED DISCOVERY [ECF NO. 47] JOHN A. MENDEZ , District Judge . Plaintiff GreenGate Fresh, LLLP ("GreenGate"), Intervening Plaintiffs Sunterra Produce Traders, Inc., 1st Quality Produce, Inc., Peterson Farms, Inc., Coastal Pacific Sales, LLC; and Froerer Farms, Inc. d/b/a Owyhee Produce (collectively "Intervening Plaintiffs") and Consolidated Plaintiffs FreshPoint Denv..
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PLAINTIFFS' CONSENT ORDER TO AMEND AMENDED PRELIMINARY INJUNCTION ORDER, ESTABLISHING PACA CLAIMS PROCEDURE, AND ALLOWING EXPEDITED DISCOVERY [ECF NO. 47]
JOHN A. MENDEZ, District Judge.
Plaintiff GreenGate Fresh, LLLP ("GreenGate"), Intervening Plaintiffs Sunterra Produce Traders, Inc., 1st Quality Produce, Inc., Peterson Farms, Inc., Coastal Pacific Sales, LLC; and Froerer Farms, Inc. d/b/a Owyhee Produce (collectively "Intervening Plaintiffs") and Consolidated Plaintiffs FreshPoint Denver, Inc. and Ruby Robinson Co., LLC (the "FreshPoint Group" with GreenGate and Intervening Plaintiffs are together "Plaintiffs") respectfully request that the Court modify the Amended PI Order as follows:
A. On February 28, 2019, the Court entered the Amended Preliminary Injunction Order, Establishing PACA Claims Procedure, and Allowing Expedited Discovery [ECF No. 47] (the "Amended PI Order").
B. Plaintiffs have received feedback from the attorney or Produce Pay raising concerns regarding the scope of paragraph 8 of the Amended PI Order, and have agreed to modify this language as set forth herein to add the language underlined below.
C. Counsel for Defendant Paul Abess, Walter Dahl, Esq., stated that he has no opposition to the revised text for paragraph 8, but that accommodating this revision is not evidence of his consent to the balance of the Amended PI Order.
D. No attorney has made an appearance on behalf of the Trinity Entities.
I. CONCLUSION AND ORDER
For all the reasons set forth above:
1. Paragraph 8 of the Amended PI Order is modified to read as follows:
8. The Trinity Entities and any of their banking institutions, lenders, and factors including without limitation, Central Valley Community Bank, are directed not to pay, setoff, withdraw, transfer, assign, encumber or sell any and all existing PACA Trust Assets or otherwise dispose of any corporate assets belonging to the Trinity Entities that may be in their possession, custody, or control to any creditors, persons, or entities except as authorized by this Order, as set forth in paragraphs 14 and 17 through 20, or until otherwise directed by further order of this Court.
2. All other provisions of the Amended PI Order remain in effect.
IT IS SO ORDERED.
