DSK Produce Sales, Inc. v. Brightstar Foods, Inc.

Full title: DSK PRODUCE SALES, INC., Plaintiff, v. BRIGHTSTAR FOODS, INC., JOHN J…

Court: United States District Court, D. Colorado

Date published: Mar 24, 2006

Civil Case No. 05-cv-01298-LTB-OES (D. Colo. Mar. 24, 2006)

Opinion

Civil Case No. 05-cv-01298-LTB-OES.

March 24, 2006

ORDER

LEWIS BABCOCK, District Chief Judge

This case is before me on Plaintiff DSK Produce Sales, Inc.'s ("DSK") Motion for Modification of Preliminary Injunction Order, whereby DSK seeks to modify the Preliminary Injunction Order issued July 25, 2005 to omit the requirement that it post a $40,000 bond as partial security for the injunction issued in its favor. No other party has objected to DSK's motion. After consideration of the motion and the case file, IT IS HEREBY ORDERED that

1. DKS's Motion for Modification of Preliminary Injunction Order [Doc # 19] is GRANTED; and

2. Paragraph 3 of the Preliminary Injunction Order [Doc # 16] shall be amended to state as follows: "The $212,474.85 in PACA trust assets belonging to Plaintiff and in possession of the Defendant will serve as Plaintiff's security for this injunction as required by Rule 65(c) of the Federal Rules of Civil Procedure."