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Harvest Food Group, Inc v. Sfi Holdings

April 23, 2012

HARVEST FOOD GROUP, INC.,
PLAINTIFF,
v.
SFI HOLDINGS, INC. D/B/A SIMEUS FOODS INTERNATIONAL, INC., KELLY S. HANSEN, STEVEN CAMPBELL, RANDALL BLUMENTHAL, JOCELYN LEWIS, TIM SCALLEN, RSW DISTRIBUTORS LLC D/B/A CULINARY STANDARDS, AGRAGLOBAL FOODS, LLC, RONALD S. WILHEIM, MARK A. LITTMAN, JOSEPH A. STEFANUTTI, JOSE R. QUINONES, CHARLES L. PALMER, III, R. DAVID BERGONIA, RICHARD T. KRIECH, SFI HOLDINGS LLC D/B/A CULINARY STANDARDS AND WILLOWBROOK FOODS I, LLC,
DEFENDANTS.



TEMPORARY RESTRAINING ORDER

THIS MATTER is before the court on plaintiff's Application for the Issuance of a Temporary Restraining Order under Federal Rule of Civil Procedure 65(b) (the "Application"). The court has considered all of the pleadings, including the Application, the Declaration of Sharon Wanner, and all related moving papers. The declaration demonstrates that defendants purchased perishable agricultural commodities ("Produce") in interstate commerce and, thereafter, defendants failed to pay plaintiff in violation of the Perishable Agricultural Commodities Act of 1930, 7 U.S.C. §§ 499a-499t, as amended (the "PACA").

The pleadings and supporting documents further establish that defendants have either dissipated the PACA trust assets or have presented a sufficient threat of dissipation to warrant the relief granted in this Order. On the basis of the pleadings, the declaration, and other submissions, it appears to this court that plaintiff will suffer immediate and irreparable injury due to defendants' dissipation of plaintiff's beneficial interest in the statutory trust created pursuant to 7 U.S.C. §499e(c) and that such dissipation will continue in the absence of injunctive relief. The court is, therefore, of the opinion that a Temporary Restraining Order should be issued due to the threat of further dissipation. Based on the foregoing,

IT IS HEREBY ORDERED that

1. Defendants and their respective agents, servants, employees, attorneys, officers, assigns, and all persons in active concert or participation with them who receive actual notice of this Order are enjoined and restrained from dissipating, paying, transferring, assigning or selling any and all assets covered by or subject to the trust provision of PACA, 7 U.S.C. § 499 e(c)(2) ("PACA trust assets"), that is, all perishable agricultural commodities received by Defendants or their subsidiaries or related companies in all transactions, and all inventories of food or other products derived from perishable agricultural commodities, and any receivables or proceeds from the sale of such commodities or products, without agreement of the parties, order of this Court, or until the expiration of this Order. Upon Defendants' payment to Plaintiff in the amount of $38,537.42 by cashier's check or certified check this Order is dissolved.

2. Pending further orders of this Court, or until such time as Defendants pay Plaintiff or deposit into the Registry of the Court the sum of $38,537.42, no banking institution holding funds for either Defendant shall pay, transfer, or permit assignment or ...


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