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Onions Etc., Inc. v. Z & S Fresh

August 7, 2009

ONIONS ETC., INC., AND DUDA FARM FRESH FOODS, INC., PLAINTIFFS,
v.
Z & S FRESH, INC., A CALIFORNIA CORPORATION; Z & S DISTRIBUTING COMPANY, INC., A CALIFORNIA CORPORATION; MARTIN J. ZANINOVICH, AN INDIVIDUAL; LOREN SCHOENBURG, AN INDIVIDUAL; MARGARET AKA MARGE SCHOENBURG, AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Oliver W Wanger, Judge United States District Court

STIPULATION TO EXTEND THE DATE ON WHICH TO FILE A MOTION TO DETERMINE VALIDITY, PRIORITY OR AMOUNT OF PACA CLAIM AND ORDER THEREON AND RELATED COMPLAINTS IN INTERVENTION

Intervening Plaintiff and Claimant, Frank A. Logoluso Farms ("Claimant") filed a PACA claim in this action. Z&S Fresh, Inc., fdba Z&S Distributing Company, Inc., Martin J. Zaninovich, Terence Long, PACA Trustee, and Jewel Marketing and Agribusiness, LLC, a California limited liability company, dba Crown Jewels Marketing, LLC, a California limited liability company (collectively "Objectors") filed objections to Claimant's claim. Claimant and Objectors stipulate as follows:

STIPULATION

1. On May 22, 2009, Plaintiffs Onions, Etc., Inc. and Duda Farm Fresh Foods, Inc. ("Plaintiffs") commenced the instant action against Defendants Z&S Fresh, Inc., Martin J. Zaninovich, Loren Schoenburg, and Margaret aka Marge Schoenburg (the "Defendants") to enforce the trust provision of section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. 499e(c) ("PACA"). Among other relief, Plaintiffs sought to have this Court grant a request for a Preliminary Injunction against Defendants.

2. On June 10, 2009, Plaintiffs filed their Amended Motion for Issuance of Preliminary Injunction, to Consolidate and for Entry of PACA Claims Procedure Order seeking to add a PACA claims procedure to the Preliminary Injunction.

3. On June 24, 2009, a Stipulated Order Granting Plaintiffs' Second Amended Motion for a Preliminary Injunction Order, Establishing a PACA Claims Procedure and Appointing Terence J. Long as PACA Trustee (the "Order") was filed.

4. Pursuant to the Order, on July 13, 2009, Claimant filed its PACA Proof of Claim for $1,536,884.15 ("Claim"), together with Claimant's Amended Complaint in Intervention.

5. Pursuant to the Order, on July 23, 2009, Objectors filed their Objections to Claimant's Claim.

6. Pursuant to the Order, on August 3, 2009, Claimant filed a response to the Objections.

7. Under the Order, claimants and objecting parties are to exercise their best efforts to resolve any objections to the PACA Proofs of Claim. In the event the parties are unable to resolve any disputes, the PACA claimant must file a motion by Monday, August 10, 2009, to determine the validity, priority or amount of its alleged PACA Claim (the "Motion").

8. Objectors and Claimant have been meeting and conferring regarding objections to Claimant's Claim and have a good faith belief that they will resolve the disputes.

In order to facilitate the efforts to resolve the subject objections, the Objectors and Claimant 28 request that the date on which to file the Motion be extended to Monday, August 17, 2009.

9. Without waiving any rights or defenses, the Objectors and Claimant agree to the extension of the date on which to file the Motion to Monday, August 17, 2009.

ORDER

Having read the above Stipulation and good ...


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