Chiquita Fresh North America, LLC v. Long Island Banana Corp.

2 Citing cases

  1. Chiquita Fresh N. Am., LLC v. Fierman Produce Exch. Inc.

    198 F. Supp. 3d 171 (E.D.N.Y. 2016)   Cited 2 times

    Judge Spatt denied the motion on June 23, 2014. See Chiquita Fresh N. Am., LLC v. Long Island Banana Corp., 27 F.Supp.3d 340, 344 (E.D.N.Y.2014) [DE 116]. The Non-Debtor Defendants filed their Answer to the Amended Complaint on July 22, 2014.

  2. Kingdom Fresh Produce v. Bexar County (In re Delta Produce, LP)

    521 B.R. 576 (W.D. Tex. 2014)   Cited 9 times

    Other courts share C.H. Robinson's reading, namely that PACA trust beneficiaries are entitled to full payment. See, e.g., Chiquita Fresh N. Am., LLC v. Long Island Banana Corp., 27 F.Supp.3d 340, 344–45, 14–CV–982 ADS AKT, 2014 WL 2854483, at *3 (E.D.N.Y. June 23, 2014) (holding that a PACA trust “is continuous and exists from the moment produce is received until all suppliers are paid in full ” (emphasis added) (quoting Ger–Nis Int'l, LLC v. FJB, Inc., 07–cv–898 (CM), 2008 WL 2600074, at *4 (S.D.N.Y. June 25, 2008) )); J.A. Besteman Co. v. Carter's, Inc., 439 F.Supp.2d 774, 778 (W.D.Mich.2006) (“[A] PACA trust arises when the first PACA debt is incurred and continues thereafter until all sellers are paid in full.”