Opinion
Case No.: 2:10-cv-08762-AHM (AJWx)
10-04-2011
PROGRESO PRODUCE LTD 1 LP. Plaintiff, v. PACIFIC WEST MARKETING, INC.; DAVID YOUNG, an individual, and SARA FRANCES, an individual. Defendants.
Craig A. Stokes (SBN 200848) Stokes Law Office LLP And Merl Ledford III (SBN 082253) Ledford Law Corporation Attorneys for Plaintiff, Progreso Produce Ltd 1 LP Alan L. Rosen (SBN 67328) Rosen and Loeb Attorneys for Defendants Pacific West Marketing, Inc.; David Young and Sara Frances Young
AGREED JUDGMENT
On this day, came on to be heard and considered the above-styled and number cause. The parties informed the Court that they have agreed that the Court has jurisdiction over the parties and the subject matter of this lawsuit and have agreed to settle this matter and stipulate to the entry of this Agreed Final Judgment. The Court has considered the parties' motion, the representation of counsel, the pleadings, and official records on file in this matter, as well as the applicable law, and is of the opinion and finds that it has jurisdiction over the parties and the subject matter of this lawsuit, that judgment should be rendered and entered in favor of Plaintiff, Progreso Produce Ltd 1 LP ("Progreso") and against Defendants Pacific West Marketing, Inc. ("PacWest") and Individual Defendants David Young and Sara Frances Young (PacWest, Mr. Young and Ms. Young collectively referred to as "Defendants"). It is therefore,
ORDERED, ADJUDGED AND DECREED that Individual Defendants Mr. Young and Ms. Young are persons in control of the of assets held byPacWest and that Defendants Sara Frances Young and David Young knowingly dissipated the trust res held by PacWest for purposes other than payment to PacWest's suppliers of perishable agricultural commodities, including Plaintiff Progreso; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Progreso have and recover from Defendants the sum of $150,000.00, for which let execution issue;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the parties are to pay their respective attorney's fees and costs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED Plaintiff Progreso shall have such writs and processes as may be necessary in the enforcement and collection of this Judgment; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all relief not expressly granted herein is denied. This Judgment disposes of all parties and all claims and is final for the purposes of appeal.
THE HONORABLE A. HOWARD MATZ
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ACCEPTED AND AGREED AS TO FORM AND SUBSTANCE:
Craig A. Stokes (SBN 200848)
Stokes Law Office LLP
And
Merl Ledford III (SBN 082253)
Ledford Law Corporation
Attorneys for Plaintiff,
Progreso Produce Ltd 1 LP
Alan L. Rosen (SBN 67328)
Rosen and Loeb
Attorneys for Defendants
Pacific West Marketing, Inc.;
David Young and Sara Frances Young