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TEX-MEX SALES, LLC v. ADVANCE PRODUCE, INC., 8:14-cv-1831-T-30EAJ. (2015)

Court: District Court, M.D. Florida Number: infdco20150127b10 Visitors: 3
Filed: Jan. 26, 2015
Latest Update: Jan. 26, 2015
Summary: ORDER JAMES S. MOODY, Jr., District Judge. UPON CONSIDERATION of Plaintiff's Motion for Entry of Default Judgment, the memorandum in support, the declaration of Plaintiff's representative, and the exhibits filed January 16, 2015, (Dkt. #12) submitted with the Complaint and the Motion, demonstrating that: Defendants Advance Produce, Inc. and Brittani M. Canals failed to plead or otherwise defend in this action; Plaintiff sold to Defendants $55,640.62 worth of wholesale quantities of produce, a
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ORDER

JAMES S. MOODY, Jr., District Judge.

UPON CONSIDERATION of Plaintiff's Motion for Entry of Default Judgment, the memorandum in support, the declaration of Plaintiff's representative, and the exhibits filed January 16, 2015, (Dkt. #12) submitted with the Complaint and the Motion, demonstrating that: Defendants Advance Produce, Inc. and Brittani M. Canals failed to plead or otherwise defend in this action; Plaintiff sold to Defendants $55,640.62 worth of wholesale quantities of produce, all of which remains unpaid; Plaintiff preserved its interest in the statutory trust provided by the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e(c), by including the required language on its invoices; and that Defendants are not infants, incompetent persons, or in the military service of the United States, IT IS HEREBY

ORDERED, ADJUDGED AND DECREED that

1. Plaintiff's Motion for Entry of Default Judgment (Dkt. # 12) is GRANTED.

2. Default judgment is hereby entered in favor of Plaintiff Tex Mex Sales, LLC and against Defendants Advance Produce, Inc. and Brittani M. Canals, jointly and severally, pursuant to the trust provision of the PACA, 7 U.S.C. § 499e(c), in the total amount of $55,829.97, which includes the principal amount of $55,640.62 for Defendants' failure to pay for wholesale quantities of produce sold to and received by them between February 9, 2013, and June 25, 2013, and prejudgment interest at the statutory rate as prescribed in 28 U.S.C. § 1961 through January 21, 2015, in the amount of $189.35.

3. The Clerk of Court is directed to enter judgment in favor of Plaintiff Tex Mex Sales, LLC and against Defendants Advance Produce, Inc. and Brittani M. Canals as described above.

4. All pending motions are denied as moot and the Clerk of Court is directed to close this case.

DONE and ORDERED.

Source:  Leagle

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