STIPULATION AND ORDER TO EXTEND DEADLINE TO RESPOND TO PRODUCE PAY, INC.'S, OMNIBUS OBJECTION TO CERTAIN PACA PROOFS OF CLAIM

JOHN A. MENDEZ, District Judge.

Before this Court is the Stipulation to Extend Deadline to Respond to Produce Pay, Inc.'s Omnibus Objection to Certain PACA Proofs of Claim agreed to by and between Plaintiff GreenGate Fresh, LLLP, Intervening Plaintiffs Sunterra Produce Traders, Inc., 1st Quality Produce, Inc., Peterson Farms, Inc., Coastal Pacific Sales, LLC; Froerer Farms, Inc. d/b/a Owyhee Produce, Nor-Cal Produce, Inc., and Ben E. Keith Company (collectively "Intervening Plaintiffs"), Consolidated Plaintiffs FreshPoint Denver, Inc. and Ruby Robinson Co., LLC (the "FreshPoint Group" with GreenGate and Intervening Plaintiffs are together "Plaintiffs"), and Intervenor Produce Pay, Inc. ("Produce Pay") (Plaintiffs and Produce Pay are the "Parties"), by and through their respective undersigned attorneys. The Parties stipulate and agree that the deadline to respond to Produce Pay, Inc.'s Omnibus Objection to Certain PACA Proofs of Claim [Doc. 82] ("Objection") should be extended to June 10, 2019, on the following grounds:

1. In accordance with the terms of the Amended Preliminary Injunction Order Establishing PACA Claims Procedure and Allowing Expedited Discovery [Doc. 47] ("PACA Order"), Plaintiffs filed their PACA Proofs of Claim alleging they are beneficiaries of the statutory trust arising under Section 499e(c)(2) of the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e(c)(2).

2. Intervenor Produce Pay filed its Objection to Plaintiffs' claims on May 13, 2019, and asserts that Plaintiffs must submit certain documentation to substantiate their PACA claims, including proof of delivery of every claimed shipment of produce and proof of delivery of Plaintiffs' notice of intent to preserve trust benefits, including emails. Without conceding the validity of Produce Pay's position, and reserving all rights, Plaintiffs are researching this documentation, which is voluminous because it collectively includes hundreds of shipments of produce and will require some time to gather, review, and/or reconcile such documentation.

3. Under the terms of the PACA Order, the deadline to respond to Produce Pay's objections is May 27, 2019. PACA Order ¶ 29.

4. Due to the Memorial Day holiday, and the volume of documentation sought by Produce Pay to respond to the claim objections, the Parties have agreed that the deadline to respond to Produce Pay's Objection should be extended to June 10, 2019.

IT IS SO ORDERED.