GreenGate Fresh, LLLP v. Trinity Fresh Procurement, LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 GREENGATE FRESH, LLLP, et al., Case No. 2:18-cv-03161-JAM-JDP Plaintiffs, FINDINGS AND RECOMMENDATIONS

THAT INTERVENOR’S MOTION FOR

v. DEFAULT JUDGMENT BE GRANTED TRINITY FRESH PROCUREMENT, OBJECTIONS DUE IN 14 DAYS LLC, et al., ECF No. 17 Defendants. 14 Consolidated plaintiffs are creditors and beneficiaries under the trust provisions of the Perishable Agriculture Commodities Act (“PACA”), 7 U.S.C. § 499e(c)(2). See ECF No. 1. On February 28, 2019, the court issued a preliminary injunction to preserve PACA trust assets and allow plaintiffs to collect payment. See ECF No. 47. Plaintiffs then served intervenor Produce Pay, Inc., with a demand for payment and discovery requests. See ECF No. 76 at 10. On April 22, 2019, intervenor filed a Complaint in Intervention for Declaratory Judgment under 28 U.S.C. § 2201(a), seeking to clarify the rights and legal relations between intervenor and the three defendants:…