Freshko Produce Services, Inc. v. ILA Products, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

6 FRESHKO PRODUCE SERVICES, INC., ) Case No.: 1:19-cv-00017-DAD-BAM 7 ) Plaintiff, ) ORDER DENYING PLAINTIFF’S ) APPLICATION TO SERVE DEFENDANT ILA v. ) PRODUCTS, INC. THROUGH THE ) CALIFORNIA SECRETARY OF STATE ILA PRODUCTS, INC., et al., ) WITHOUT PREJUDICE

) Defendants. ) (Doc. No. 41) ) ) )

Currently before the Court is Plaintiff Freshko Produce Services, Inc.’s (“Plaintiff”) ex parte application for an order allowing it to serve Defendant ILA Products, Inc. (“ILA”) by serving the California Secretary of State. (Doc. No. 41.) For the reasons discussed below, Plaintiff’s request shall be DENIED without prejudice. I. BACKGROUND On January 4, 2019, Plaintiff filed a complaint seeking damages, declaratory relief, attorneys’ fees and costs pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq., and related…