Sun Valley Farms, LLC v. Western Veg Produce, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 SUN VALLEY FARMS, LLC, CASE NO. 1:20-CV-1665 AWI JLT

Plaintiff-Appellant,

ORDER ON DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT

WESTERN VEG PRODUCE, INC., (Doc. No. 28) Defendant-Appellee

14 15 This is an appeal under 7 U.S.C. § 499g(c) of the Perishable Agricultural Commodities Act (“PACA”) by Plaintiff-Appellant Sun Valley Farms, LLC (“Sun Valley”) from a decision by the Secretary (the “Secretary”) of the United States Department of Agriculture (“USDA”). Currently before the Court is Defendant-Appellee Western Veg Produce, Inc.’s (“Western Veg”) motion for summary judgment. For the reasons that follow, Western Veg’s motion will be denied. 21 SUMMARY JUDGMENT STANDARD Summary judgment is proper when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56; Adickes v. S.H. Kress & Co., 398 U.S. 144,…