Produce Alliance, LLC v. West Central Produce, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 29 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PRODUCE ALLIANCE, LLC, No. 20-56230

Plaintiff-Appellee, D.C. No. 2:20-cv-02921-PSG-AGR

PRODUCE CAPITAL GROUP, LLC,

Intervenor-Plaintiff- MEMORANDUM* Appellant,

TAYLOR FARMS RETAIL, INC.; DOLE

FRESH FRUIT COMPANY; HARVEST

SENSATIONS, LLC; C.H. BELT &

ASSOCIATES, INC., a corporation,

Intervenor-Plaintiffs- Appellees,

v.

WEST CENTRAL PRODUCE, INC., a California corporation; HSBC BANK, USA,

NA,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, Chief District Judge, Presiding

Argued and Submitted February 16, 2022

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Pasadena, California

Before: BRESS and BUMATAY, Circuit Judges, and GLEASON,** District Judge.

Produce Capital Group, Inc. (“ProCap”) appeals the district court’s order

dismissing its complaint under the Perishable…