United States District Court, W.D. North Carolina, Charlotte Division
Patrick Haywood, Rachel S. Decker, Louis W. Diess, Pro Hac
Vice McCARRON & DIESS, Counsel for Plaintiffs.
Christopher P. Raab, Counsel for Defendants IGH Enterprises,
Inc. t/a Mitchum Quality Snacks and John R. Wilson.
STIPULATION AND ORDER
D. Whitney Chief United States District Judge.
MATTER is before the Court on the filing of the parties'
"Stipulation and Order" (Doc. No. 19), which the
Court construes as a Motion for Entry of a Consent Order. For
the reasons stated in the parties' filing (Doc. No. 19),
it is GRANTED.
Burr Potato Company, Inc. ("Burr") and Dennis and
Arden Ramseyer Farms, LTD ("Ramseyer"), by and
through their attorneys, and Defendants IGH Enterprises, Inc.
t/a Mtchum Quality Snacks ("Mitchum") and John R.
Wilson ("Wilson"), hereby consent, agree, and
stipulate to the following:
Plaintiffs filed the instant lawsuit against Defendants
Mitchum, John R. Wilson, Henry D. Pully, and Cheri
Shipley on May 9, 2017, pursuant to the trust
provision of the Perishable Agricultural Commodities Act
("PACA"), 7 U.S.C. § 499e(c). The Court
entered a Temporary Restraining Order on May 11, 2017. [D.E.
10.] A hearing on Plaintiffs' Motion for a Preliminary
Injunction is scheduled for Monday, May 22, 2017. On May 18,
2017, Defendant Wilson, Mitchum's President, sole
director, and sole shareholder, filed a declaration on behalf
of Mitchum in which he did not deny the debt owed by Mitchum
to Plaintiffs and asserted that new business deals are likely
in the near future that will enable Mitchum to pay
Plaintiffs. [D.E. 18.]
Based on Wilson's representations and the Parties'
mutual desire to avoid further costs, fees, and/or delay, and
subject to the other terms and conditions of this Stipulation
and Order, Mitchum hereby agrees to pay Plaintiffs the
aggregate principal amount of $926, 908.79 (the "Payment
Amount"), in the amounts and by the dates as follows:
a. The amount of $21, 000.00, on or before Friday, May 26,
b. The amount of $10, 000.00, on or before Friday, June 2,
c. The amount of $3, 000.00, on or before Friday, June 9,
d. The amount of $3, 000.00, on or before Friday, June 16,
e. The amount of $3, 000.00, on or before Friday, June 23,
f The amount of $3, 000.00, on or before Friday, June 30,
g. The amount of $3, 000.00, on or before Friday, July ...