Produce Pay, Inc. v. FVF Distributors Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PRODUCE PAY, INC., Case No. 20-cv-517-MMA (RBM)

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION TO SUBSTITUTE PARTY

FVF DISTRIBUTORS INC., et al., [Doc. No. 75] Defendants. 16 On March 19, 2020, Produce Pay, Inc. (“Plaintiff”) initiated this action against FVF Distributors Inc. and F. David Avila (collectively, “Defendants”) pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. §§ 499a et seq. (“PACA”). Doc. No. 1. Plaintiff now moves to substitute Mr. Avila’s surviving spouse—Estella Medellin Barraza—in his place as defendant pursuant to Federal Rule of Civil Procedure 25(a).1 The motion is unopposed. For the following reasons, the Court GRANTS Plaintiff’s motion to substitute. I. BACKGROUND The parties are familiar with the facts of this case, so the Court does not recite them here. On October 21, 2021, Plaintiff filed a motion to…