Kern Vineyards, Inc. v. AM Group, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KERN VINEYARDS, INC., a California No. 1:20-cv-00199-NONE-JLT corporation, 12 Plaintiff, ORDER GRANTING MOTION FOR v. PRELIMINARY INJUNCTION 14 AM GROUP, INC., a California (Doc. No. 3) corporation, and CHRIS KIM, an individual, 16 Defendants. 17 18 INTRODUCTION On February 7, 2020, plaintiff Kern Vineyards, Inc., filed a complaint and a motion for temporary restraining order (TRO) or, alternatively, preliminary injunction under the Perishable Agricultural Commodities Act (PACA), seeking “ex parte”1 injunctive relief to prevent defendants AM Group, Inc., (AM Group) and Chris Kim from dissipating assets held in a statutory trust for plaintiff. (Doc. Nos. 1, 3.) Despite plaintiff’s efforts to provide notice of the TRO motion, defendant failed to oppose or otherwise communicate with the court. Accordingly, on February 12, 2020, the court granted the motion for a TRO and ordered defendants to show 27 1 Although the…