Papagni Fruit and Juice, LP v. James Corrado Inc.

I. INTRODUCTION

19 Plaintiff Papagni Fruit and Juice, LP asserts that it sold and shipped perishable commodities in interstate commerce to James Corrado Inc., which failed to pay for the produce. Plaintiff seeks to hold James Corrado Inc., Peter Corrado, Gerald Corrado, and Joseph Corrado (collectively, “Defendants”) liable for violations of the Perishable Agricultural Commodity Act, 7 U.S.C. § 499a et seq. (“PACA”), declaratory judgment, breach of contract, and injunctive relief. (See generally Doc. 1) Because Defendants failed to respond to the allegations in the complaint, Plaintiff now seeks default judgment against the defendants. (Doc. 23.) The Court finds the matter suitable for decision without oral argument pursuant to Local Rule 230(g). As such, the hearing on the motion set for September 11, 2024, is VACATED. For the reasons set forth below, the Court RECOMMENDS that Plaintiff’s motion for default judgment be GRANTED IN PART and DENIED IN PART.1 II. PROCEDURAL HISTORY Plaintiff initiated this action by filing a complaint on March 29, 2024. (Doc. 1) Plaintiff asserts it sold…