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Onions, Etc., Inc. and Duda Farm Fresh Foods, Inc v. Z&S Fresh

August 19, 2011

ONIONS, ETC., INC. AND DUDA FARM FRESH FOODS, INC.,
PLAINTIFFS,
v.
Z&S FRESH, INC. FDBA Z&S DISTRIBUTING CO., INC., MARTIN J. ZANINOVICH, LOREN SCHOENBURG, AND MARGARET AKA MARGE SCHOENBURG,
DEFENDANTS.



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

DON J. POOL 166468 THE LAW FIRM OF POWELL & POOL 7522 North Colonial Avenue, Suite 100 Fresno, California 93711 Telephone: (559) 228-8034 Facsimile: (559) 228-6818 dpool@powellandpool.com Attorneys for JOHN VAN CUREN, Court-Appointed Receiver

STIPULATION FOR ORDER (1) APPROVING VERIFIED FINAL REPORT OF ADMINISTRATION AND ACCOUNTING BY RECEIVER; (2) WAIVING NOTICED HEARING THEREON; (3) APPROVING PAYMENT OF LEGAL FEES AND COSTS INCURRED BY RECEIVER AND RECEIVERSHIP ESTATE; (4) APPROVING COMPENSATION TO RECEIVER FOR FEES AND EXPENSES INCURRED AS A RESULT THEREOF; (5) ) INSTRUCTING RECEIVER ON ) DISPOSITION OF CHECK PROCEEDS HELD BY RECEIVER; AND (6) TERMINATING RECEIVERSHIP, DISCHARGING RECEIVER FROM HIS DUTIES AND EXONERATING THE BOND; AND ) ORDER THEREON BASED UPON THE FOLLOWING FACTS, JOHN VAN CUREN, the duly Court-Appointed Receiver in the above-captioned matter ("VAN CUREN" or "Receiver"), Intervenor Plaintiff Terence J. Long, Trustee of the PACA Trust created by Court Order 4 dated June 24, 2009 ("PACA Trust"), Intervenor Plaintiff and Defendant

FRESNO-5 MADERA FEDERAL LAND BANK ASSOCIATION, FLCA ("Land Bank"), Cross-6 Defendant MARTIN J. ZANINOVICH, and Cross-Defendants ARON and CARRIE MARGOSIAN (hereinafter collectively referred to as "the Parties"), acting by and through 8 their attorneys of record herein, respectfully represent, stipulate and agree as follows ("Stipulation"):

STATEMENT OF FACTS/PROCEDURAL HISTORY

1.1 The above-entitled case was filed May 22, 2009. VAN CUREN was appointed receiver herein by Stipulation and Order for Appointment of Receiver for Limited Purpose ("Stipulation & Order") of this Court made and entered on March 14, 2011. After 15 qualifying for his office by filing the required oath and bond, VAN CUREN acted "for the 16 limited purpose of marketing and selling the 18.79 acre packing house and cold storage 17 property located at 39303 Road 56, Dinuba, California 93618" (APN 029-070-010), together 18 with the personal property ("the Property" or "Receivership Estate"), as more particularly 19 described and outlined in exhibit A attached to the Receiver's Initial Report of Assets/Inventory filed herein on May 27, 2011.

1.2 During the term of the Receivership, VAN CUREN performed his duties pursuant to the Stipulation & Order, as set forth in the Verified Final Report of 3 Administration and Accounting by Receiver ("Final Report & Accounting"), including 4 entering into a Purchase and Sale Agreement ("PSA") for the sale of the Receivership Estate, 5 and employing Don J. Pool, The Law Firm of Powell & Pool (hereinafter "Mr. Pool"), as his 6 legal counsel to advise him regarding his duties and legal matters affecting the Receivership 7 Estate. The Final Report & Accounting includes a detailed report of the Receiver's 8 advances, income/receipts, disbursements, and reimbursements for the period of March 14, 2011 through August 5, 2011. Also included in the Final Report & Accounting is a detailed 10 accounting of the fees and expenses incurred and estimated to be incurred by the Receiver 11 and Receivership Estate in the total amount of $39,531.41 and attorneys' fees and costs 12 incurred and estimated in the amount of $35,000.00. A true and correct copy of the Final 13 Report & Accounting is attached hereto as exhibit A and incorporated herein by this 14 reference.

1.3 On or about June 24, 2011, VAN CUREN and the putative buyer, Scott Critchley, entered into and executed the PSA for the purchase and sale of the Receivership Estate, subject to Court approval.

1.4 On that same date, VAN CUREN filed his Ex Parte Application of Receiver for Order Shortening Time for Hearing on Motion for Order (1) Authorizing Receiver to Sell the Property; (2) Approving Agreement With Proposed Buyer; and (3) Approving Overbid Procedures ("Ex Parte Application"), which was granted by the Court on July 5, 2011 and set for hearing on July 13, 2011.

1.5 Accordingly, on or about July 7, 2011, VAN CUREN filed his Motion For Order (1) Authorizing Receiver To Sell The Property; (2) Approving Agreement With Proposed Buyer; and (3) Approving Overbid Procedures ("Sale Motion"), which the Court 26 granted at the hearing on the Sale Motion on July 13, 2011.

1.6 In order to facilitate the sale of the Receivership Estate, on July 19, 2011, VAN CUREN, Land Bank and PACA Trust executed and filed a Stipulation to Sell Property Free and Clear of All Liens, Encumbrances, or Security Interests, which provides 4 that upon sale, the Receivership Estate shall (1) be free and clear of any liens, encumbrances, 5 or security interests asserted by or on behalf of Land Bank, including but not limited to, that 6 certain deed of trust recorded in the Official Records of Tulare County on December 26, 2008, as instrument no. 2008-0086532, and that certain UCC-1 Financing Statement recorded 8 with the California Secretary of State on December 23, 2008, as filing no. 087182528667 and (2) be free and clear of any liens, encumbrances, or security interests asserted by or on behalf 10 of PACA Trust and/or Trustee, including but not limited to, any claims asserted in the Action 11 and that certain Notice of Pending Action filed in the Official Records of Tulare County as 12 instrument no. 2009-0077202.

1.7 The sale of the Receivership Estate closed August 5, 2011.

Accordingly, the need for a Receiver in this action no longer exists, and an Order discharging 15 the Receiver is appropriate.

1.8. As set forth above, the Final Report & Accounting is accepted by the Parties herein. Furthermore, the fees and expenses set forth in the Final Report & 18 Accounting incurred by the Receiver and the Receivership Estate, as well as the personal 19 advances by the Receiver, are to be paid from the proceeds from the sale of the Receivership 20 Estate, as provided in the Order (1) Authorizing Receiver to Sell Property; (2) Approving 21 Agreement With Proposed Buyer; and (3) Approving Overbid Procedures, filed herein by the 22 Court on July 14, 2011, or as the Court may direct the Parties.

1.9 Accordingly, and pursuant to L.R. 232, the Parties hereto desire by this Stipulation to dispose of all issues pertaining to the Receiver and Receivership Estate so that 25 the Receiver can be discharged.

II

STIPULATION

Based on the foregoing facts, each of which is true and correct, the Parties 4 hereto stipulate, agree, and hereby request that the Court enter an Order as follows: 5

2.1 The Final Report & Accounting is accepted and approved as a final 6 accounting of the Receivership Estate and any requirement that the Receiver file or notice for 7 hearing any further reports of administration and/or further accounting in this action, prior to 8 discharge from his office, be and hereby is waived. 9

2.2 The financial information provided in the Receiver's Final Report & Accounting is deemed sufficient with regard to the Receiver's obligation to provide financial 11 information to Plaintiffs, Defendants or the Parties to the Action concerning the filing of tax 12 returns or other governmental reports. 13

2.3 The Law Firm of Powell & Pool is allowed its reasonable fees and 14 reimbursable costs as set forth in the Final Report & Accounting, for legal services incurred 15 and estimated to Receiver and the Receivership Estate in the amount of $35,000.00, and that 16 VAN CUREN be authorized for payment from funds on hand in the Receivership Estate, or 17 as ordered to be advanced by the Parties;

2.4 VAN CUREN is allowed all Receiver's fees and expenses incurred in 19 the amount of $39,531.41, for winding up and closing of the Receivership Estate, as set forth 20 in the Final Report & Accounting, and that such amount be deemed reasonable and 21 authorized for payment from funds on hand in the Receivership Estate, or as ordered 22 advanced by the Parties;

2.5 VAN CUREN is allowed all Receiver's personal advances in the 24 amount of $16,016.41, for necessary expenses of the Receivership Estate, as set forth in 25 exhibit A to the Final Report & Accounting, and that such amount be deemed reasonable and 26 authorized for payment from funds on hand in the Receivership Estate, or as ordered 27 advanced by the Parties;

2.6 VAN CUREN shall remit all checks or other negotiable instruments in his possession derived from the TowerCo Lease to Land Bank, and Land Bank shall be 3 authorized to negotiate same, obtain re-issuance of any such checks to negotiate, and/or take 4 any other steps necessary to obtain the lease proceeds derived from the Property prior to August 5, 2011. TowerCo is authorized to re-issue any checks for any lease proceeds 6 derived from the Property, prior to August 5, 2011, directly to the Land Bank.

2.7 Any funds that remain in or subsequently received by the Receivership Estate, after payment of advances, fees and costs as herein approved, are authorized to be 9 disbursed to Land Bank, to be held until further Order of the Court or agreement between the 10 PACA Trust and Land Bank; 11

2.8 VAN CUREN, having fully and faithfully discharged his duties to the Court and to the Parties, be and hereby is discharged, the receivership terminated and the 13 Receiver's Bond No. MS2515738 in the amount of $50,000.00, written by Great American 14 Insurance Company, as surety, be exonerated, and the surety released from liability thereon; 15

2.9 Effective upon discharge, VAN CUREN shall have no liability as Receiver or personally to any Parties to this action, or to third parties on account of his 17 actions in this case, and as such, all claims arising therefrom and/or against the Receiver and 18 the Receivership Estate are forever barred;

2.10 That the Receiver be entitled to such other relief from the Court as is just and proper; and

2.11 This Stipulation may be executed in counterparts.

SO STIPULATED AND AGREED.

III

ORDER

The foregoing Stipulation having come before the Court, and good cause appearing therefore, according to the Stipulation of the Parties,

IT IS SO ORDERED.

OLIVER W. WANGER

EXHIBIT A

DON J. POOL 166468 THE LAW FIRM OF POWELL & POOL 2 7522 North Colonial Avenue, Suite 100 Fresno, California 93711 3 Telephone: (559) 228-8034 Facsimile: (559) 228-6818 4 dpool@powellandpool.com 5 Attorneys for JOHN VAN CUREN, Court-Appointed Receiver

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ONIONS, ETC., INC. and DUDA FARM FRESH FOODS, INC., Plaintiffs, v. Z&S FRESH, INC. fdba Z&S DISTRIBUTING CO., INC., MARTIN J. ZANINOVICH, LOREN SCHOENBURG, and MARGARET aka MARGE SCHOENBURG, Defendants.

Case No. 1:09-cv-00906-OWW-MJS

VERIFIED FINAL REPORT OF ADMINISTRATION AND ACCOUNTING BY RECEIVER

JOHN VAN CUREN, the duly Court-Appointed Receiver herein ("VAN CUREN" or "Receiver"), hereby submits his Final Report of Administration and Accounting 3 by Receiver ("Final Report & Accounting") for the period of March 14, 2011 through August 5, 2011. The Final Report & Accounting has been prepared by VAN CUREN and is made 5 pursuant to the Stipulation and Order for Appointment of Receiver for Limited Purpose of 6 this Court made and entered on March 14, 2011.

Dated: August 9, 2011 THE LAW FIRM OF POWELL & POOL / S / Don J. Pool DON J. POOL, Attorneys for Receiver, JOHN VAN CUREN

DECLARATION OF RECEIVER JOHN VAN CUREN

I, JOHN VAN CUREN, declare as follows:

1. I am the duly Court-Appointed, qualified and acting Receiver in the 5 above-entitled case, with a mailing address of 4539 N. Brawley, Suite 105, Fresno, California 93722.

2. The foregoing Final Report & Accounting contains a full statement of 8 all charges incurred by me, as Receiver herein, and all credits to which I am entitled on 9 account of the Receivership Estate for the period provided in said account. I am the person 10 who performed the services and/or incurred the advances, fees and expenses set forth herein.

The Services and/or fees and expenses incurred were reasonable and necessary for the proper 12 administration of the Receivership Estate.

3. I am competent to make this declaration and have read the foregoing Final Report & Accounting and know the contents thereof.

I declare under penalty of perjury of the laws of the United States of America 16 that the foregoing is true and correct and that this declaration was executed on this 9th day of 17 August 2011, at Fresno, California. 18

/ S / John Van Curen JOHN VAN CUREN

EXHIBIT A

Receivership Estate o f ZM Fresh Special T's

March 14, 2011

August 5, 2011

Advances by Old West Ranch Coompany

3/14/2011 Walter R. Reinhardt Insurance Agy Receiver's Bond 500.00 4/8/2011 AmeriGuard Security Services On Site Security (3/17 - 3/31) 4,987.60 4/21/2011 DiBuduo & DeFendis Down Payment on General Liab 1,629.59 4/27/2011 AmeriGuard Security Services On Site Security (4/1 - 4/15/2011) 4,044.00 5/3/2011 First Insurance Funding Corp. General Liability - 1st Instalment 358.16 5/26/2011 AmeriGuard Security Services On Site Security (5/1 - 5/15/2011) 4,044.00 6/6/2011 Wells Fargo Bank, Master Card A/C Checks Ordered for Account 23.90 6/6/2011 Wells Fargo Bank, Master Card A/C UCC Filing Search 59.00 6/6/2011 Wells Fargo Bank, Master Card A/C UCC Filing Search 12.00 6/20/2011 First Insurance Funding Corp. General Liability - 2nd Instalment 358.16 16,016.41

EXHIBIT B

. August 5, 2011

Receivership Estate of ZM Fresh Special T's

March 14, 2011

Balance Forward at 3/14/2011 $0.00

Receipts

Date Num Name Memo Amount

05/10/2011 FLBA Advance 3,308.60 05/26/2011 FLBA. Advance 2,201.08 05/26/2011 PACA Trust Advance 2,201.08 06/28/2011 FLBA Advance 2,403.32 06/28/2011 PACA Trust Advance 3,308.60 07/18/2011 FLBA Advance 2,647.90 07/22/2011 FLBA Advance 2,218.13 07/22/2011 JBT FoodTech Other Income 6,504.72 07/25/2011 PACA Trust Advance 5,051.22 08/05/2011 Chicago Title Company Escrow Proceeds 3,521,646.30

Total Receipts $3,551,490.95

Disbursements

Date Num Name Memo Amount

05/27/2011 AmeriGuard Security Services On Site Security (4/16 - 4/30) 4,044.00 05/27/2011 California Controlled Atmosphere Environmental Health Inspection 84.65 06/03/2011 Cliff Sadoian & Associates Consulting & Equipment Inventory 2,962.50 06/06/2011 BUGS 9-1-1 Removal of Bees from adjacent farm property 225.00 07/05/2011 AmeriGuard Security Services On Site Security (5/16 - 5/31/2011) 4,448.48 07/18/2011 California Controlled Atmosphere Environmental Health Inspection 169.30 07/19/2011 First Insurance Funding Liability Insurance - 3rd Instalment 358.16 07/20/2011 Tulare County Environmental Health Yearly Environmental Permit 670.00 07/22/2011 Cliff Sadioin & Associates Consulting on Facility Main Issues 412.50 07/22/2011 AmeriGuard Security Services On Site Securitty (6/1 - 6/15) 4,044.00 07/27/2011 AmeriGuard Security Services On Site Security (6/16 - 6/30) 3,993.45 07/27/2011 P G & E Service 4/12 - 5/26 2,011.58 07/27/2011 California Controlled Atmosphere Environmental Health Inspection 84.65 07/29/2011 AmeriGuard Security Services On Site Security (7/1 - 7/15) 4,178.88 07/31/2011 Cliff Sadoian & Associates Consulting & Facility Issues 806.25 07/31/2011 Cal CA Environmental Health Inspection 84.65 08/02/2011 Cal CA Environmental Health Inspection 84.65

$28,662.70

Reconciled Balance at 8/5/2011 $3,522,828.25

EXHIBIT C

John Van Curen, Asset Receiver 4539 N. Brawley Avenue, Suite 105 Fresno, CA 93722 submitted to: rship Estate of ZM Fresh Brawley Avenue #105

A 93722

t 05, 2011

Professional Services

Hrs/Rate Amount

1 JVC General Administration 1.70 331.50

Review various communications from parties regarding the 195.00/hr appointment of receiver. Read Stipulation and Order for Appointment of Receiver. Read Critchley offer and revision to offer. Read Hackett offer. Consideration of employing an attorney to represent the receiver; Telephone conference office of Don Pool, Pool and Powell, regarding possible representation.

Administration

JVC General Administration 0.40 78.00

Telephone conference various attorneys representing parties regarding 195.00/hr the receivership and the sale of the property comprising the receivership estate. Schedule inspection of property.

Administration

1 JVC General Administration 2.50 487.50

Meet with various parties in interest at the Z&S facility; inspect 195.00/hr premises.

Administration

JVC General Administration 0.20 39.00

Telephone conference Eric AmeriGuard Security, regarding 195.00/hr continuation of security at Z &S facility.

Administration

1 JVC General Administration 0.30 58.50

Contact Fowler Packing Company regarding facility. 195.00/hr Administration JVC General Administration 3.60 507.00

Read Order; consideration of authorities and responsibilities granted by 140.83/hr Order. Consider courses of actions to fulfill instructions of the Order.

Review method of financing receivership operations contained in the 559-275-9482

Exhibit C

Hrs/Rate Amount

Order. Telephone conference Don J. Pool, Esq, regarding representation. Review Court Docket with regard to to pertinent information.

Administration

1 JVC General Administration 0.50 97.50

Telephone conference Eric, AmeriGuard Security regarding 195.00/hr establishing account for receiver and continuation of security at facility. Administration

1 AEH General Administration 0.40 34.00

Draft letter to AmeriGuard Security concerning authorized persons. 85.00/hr Administration

JVC General Administration 0.20 39.00

Telephone conference Eric Flores, AmeriGuard Security, regarding 195.00/hr contract for services at facility.

Administration

JVC General Administration 0.30 58.50

Telephone conference Aron Margosian regarding showing the facility to 195.00/hr a prospective buyer.

Administration

JVC General Administration 0.50 97.50

Two telephone conferences with Mike Schuil, Schuil and Associates 195.00/hr regarding marketing the facility.

Administration

JVC General Administration 0.20 39.00

Second Telephone conference Aron Margosian regarding showing the 195.00/hr plant by Margosian to a prospective buyer.

Administration

JVC General Administration 3.50 682.50

Telephone conference Eric Flores regarding security at facility, 195.00/hr including increasing coverage. Inspect facility regarding security arrangements. Notify local fire department of intention to change locks at main gates and buildings at the facility. Multiple Telephone conferences Anne Honeycutt regarding contact with AmeriGuard and implementation of additional security.

Administration

JVC General Administration 0.30 58.50

Telephone conference Anne Honeycutt regarding contract for 195.00/hr additional security with AmeriGuard; Telephone conference Eric Flores, AmeriGuard, regarding same.

Administration

Review marketing material provided by Pearson Realty (0.2). 195.00/hr Telephone conference Frank Rodriguez, President, Style Line Construction, Inc., regarding roof leaks at the Facility (0.1). Telephone conference Dan Kervorkian, Pearson Realty (0.1). Draft memo regarding outstanding issues and with regard to clarification of receivership duties under the Court Order. (2.10)

Administration

JVC General Administration 0.20 39.00

Telephone conference Frank Rodriguez, Style Line Construction, 195.00/hr regarding appointment for inspection of Facility roof and providing an estimate of the of repair.

Administration

JVC General Administration 0.30 58.50

Telephone conference Jan Perkins, Perkins Mann & Everett, counsel 195.00/hr for the PACA Trust, regarding operational expenses of the receivership and the responsibility for payment of same.

Administration

JVC General Administration 0.20 39.00

Telephone conference Ralph Hackett, prospective Facility buyer. 195.00/hr Administration

JVC General Administration 0.40 78.00

Telephone conference Jim Critchley (2X) regarding interest in 195.00/hr purchasing Facility.

Administration

JVC General Administration 0.60 117.00

Consideration of course of action with regard to to administering and 195.00/hr preserving the Estate in its present condition and with regard to selling the Facility.

Administration

1 AEH General Administration 0.30 25.50

Revise security instructions to AmeriGuard Security for period after 85.00/hr 3/25/2011. Forward to AmeriGuard office via fax.

Administration

AEH General Administration 0.20 17.00

Contact Style Line Construction regarding meeting with John at facility 85.00/hr in Dinuba. Advise John that representative from Style Line will meet him at facility no later than 2 p.m.

Administration

JVC General Administration 3.40 663.00

Meet Jim and Scott Critchley at the F & S Packing facility, inspect 195.00/hr facility (2.4). Meet Mario, Style-Line Construction; inspect facility for roof leaks(0.6). Change locks on perimeter gates; Conference security guard regarding change(0.4).

Administration

1 JVC General Administration 0.20 NO CHARGE

Telephone conference (2X) Anne Honeycutt regarding changing guard 195.00/hr schedule and reduce number of guard shifts.

Administration

JVC General Administration 0.10 19.50

Telephone conference Frank Rodriguez Style Line Construction 195.00/hr Company, regarding Facility roof repair.

Administration

JVC General Administration 0.10 19.50

Telephone conference Jim Critchley regarding inspection of Facility. 195.00/hr Administration

1 JVC General Administration 0.50 97.50

Review of possible actions necessary to preserve the Facility in its 195.00/hr present physical "as is" condition pending sale, and identification of authorization to incur and pay related expenses and identification of sources of funding. Correspondence Mandy Jeffcoach, counsel for Trustee regarding meeting to discuss matter.

Administration

1 JVC General Administration 0.20 39.00

Telephone conference Mike and Rick Schuil regarding marketing of 195.00/hr Facility.

Administration

JVC General Administration 0.30 58.50

Telephone conference Dan Kevorkian, Pearson Realty, regarding 195.00/hr marketing of Facility.

Administration

JVC General Administration 0.20 39.00

Telephone conference Jake Burns, Trinity Fruit Sales, regarding 195.00/hr interest in purchasing label printers at Facility.

Administration

JVC General Administration 0.60 117.00

Telephone conference Mandy Jeffcoach, McCormick Barstow LLP, 195.00/hr regarding clarification of agreement between parties as to funding receivership property protection expenses, plan for sale of Facility and other issues. Correspondence to Mandy Jeffcoach regarding same.

Administration

1 JVC General Administration 0.50 97.50

Read correspondence from Mike Schuil, Schuil and Associates, 195.00/hr regarding ammonia monitoring requirements. Telephone conference Rick and Mike Schuil, Schuil and Associates, regarding marketing Facility.

Administration

JVC General Administration 0.50 97.50

Telephone conference Gordon Brandt, California Controlled 195.00/hr Atmosphere, regarding monitoring of ammonia compressors, the condition of the compressors and the condition of other components of the Facility.

Administration

JVC General Administration 0.40 78.00

Two telephone conferences with Ralph Hackett regarding interest in 195.00/hr purchasing Facility; discussion of possible terms of sale.

Administration

JVC General Administration 0.30 39.00

Review and revise memo regarding clarification of Order; Telephone 130.00/hr calls to Mandy Jeffcoach regarding same, not available, left message.

Administration

JVC General Administration 0.10 NO CHARGE

Telephone call to Rob Hackler, Fresno-Madera Farm Credit, not 195.00/hr available, left message.

Administration

1 JVC General Administration 0.40 78.00

Telephone conference Dan Kevorkian and Martin Hosvepian, Pearson 195.00/hr Realty, regarding offer on Facility.

Administration

JVC General Administration 0.20 39.00

Telephone conference Frank Roriguez, Style Line Construction, 195.00/hr regarding proposal for repairs of Facility roof.

Administration

1 JVC General Administration 1.00 195.00

Review and make suggested revisions to Mandy Jeffcoach draft letter 195.00/hr to Parties regarding the understanding concerning the Receiver's responsibilities and duties under the Order; Correspondence Mandy Jeffcoach regarding same.

Administration

1 JVC General Administration 0.10 NO CHARGE

Telephone conference Dan Kevorkian, Pearson Realty, regarding 195.00/hr possession of facility prior to closing; not available, left message.

Administration

JVC General Administration 0.30 58.50

Correspondence to parties regarding proposal for repair of Facility roof. 195.00/hr Administration

JVC General Administration 0.30 58.50

Read Mandy Jeffcoach's letter regarding operation of the receivership 195.00/hr and responsibilities for payment of receivership obligations.

Correspondence to Don Pool regarding same.

Administration

JVC General Administration 0.30 58.50

Attention to and consideration of Scott Ivy response to Mandy 195.00/hr Jeffcoach letter regarding receivership, Correspondence Don Pool, Powell and Pool, regarding same.

Administration

1 JVC General Administration 0.60 117.00

Telephone conference Cliff Sadoian regarding Facility. 195.00/hr Administration

JVC General Administration 0.30 58.50

Telephone conference Ralph Hackett regarding interest in purchase of 195.00/hr Facility.

Administration

JVC General Administration 0.20 39.00

Telephone conference Scott Ivy, counsel to Fresno-Madera Farm 195.00/hr Credit, regarding funding of expenses by Parties required to preserve and protect the receivership estate; regarding marketing plan for sale of the Facility.

Administration

JVC General Administration 0.20 39.00

Telephone conference Jan Perkins, Perkins Mann & Everett, counsel 195.00/hr to PACA Trust regarding funding of receivership and marketing plan for the Facility.

Administration

JVC General Administration 0.10 NO CHARGE

Office conference Gary Honeycutt regarding present situation 195.00/hr regarding prospective sales and regarding maintenance and security of the property.

1 JVC General Administration 0.40 78.00

Consideration of offer to purchase Facility submitted by Ralph Hackett; 195.00/hr Correspondence Ralph Hackett regarding same.

Administration

1 JVC General Administration 1.80 351.00

Begin draft of counter offer to Ralph Hackett offer to purchase Facility. 195.00/hr Begin draft of term sheet with regard to to overbid process.

Administration

JVC General Administration 0.30 58.50

Telephone conference Aron Margosian regarding showing plant to a 195.00/hr prospective buyer.

Administration

JVC General Administration 2.00 390.00

Consideration of terms of counter offer to Ralph Hackett offer, Review 195.00/hr and revise terms of counter offer and terms of draft overbid procedure (0.5). Prepare draft budget, March through May for Facility preservation and protection (1.1). Telephone conference George Brandt, Cal CA, regarding monitoring of ammonia in compressors (0.2). Telephone conference J. R., Fence Master, regarding repairing opening in fence (0.2).

Administration

1 AEH General Administration 0.20 17.00

Contact Bankruptcy Unit of P G & E regarding serial number for pump 85.00/hr at packing facility. Requested information on serial number, waiting for reply Administration

AEH General Administration 0.30 25.50

Telephone conference Richard Antenucci, DiBuduo & DeFendis 85.00/hr Insurance regarding quote for insurance coverage for packing faicility.

Refer iniformation to John.

Administration

JVC General Administration 3.60 702.00

Meeting with Cliff Sadoian; inspect Facility with Sadoian. 195.00/hr Administration

1 AEH General Administration 0.30 25.50

Contact Barbara Green at P G & E regarding no answer to inquiry of 85.00/hr 4/5/2011 on meter number at Z & S. Redirect email of 4/5/2011 to new website address.

Administration

AEH General Administration 1.30 110.50

Contact UCC Connect and search for UCC filings in the names of the 85.00/hr defendants shown on Order Appointing Receiver. Download scan and file in Paperport files.

Administration

1 JVC General Administration 0.20 39.00

Review and revise pleadings regarding appointment of legal counsel; 195.00/hr correspondence Don Pool regarding same.

Administration

JVC General Administration 0.40 NO CHARGE

Review correspondence from Pacific Gas and Electric regarding 195.00/hr regarding-establishing electrical service at the Facility.

Correspondence Anne Honeycutt regarding regarding-establishing electrical service.

Administration

JVC General Administration 0.60 117.00

Attention to various matter concerning the receivership, including 195.00/hr funding issues, property sales procedures, employment of counsel and other issues.

Administration

JVC General Administration 0.30 58.50

Review correspondence from Terry Long, Trustee for PACA Trust, 195.00/hr regarding uncashed checks payable to ZM Fresh in his possession.

Consideration of how checks could be negotiated by the receivership estate.

Administration

JVC General Administration 0.50 97.50

Various telephone conferences with Jim Critchley, prospective 195.00/hr purchaser of Facility and Dan Kevorkian, Pearson Realty, regarding a possible offer from Critchley.

Administration

JVC General Administration 0.70 136.50

Telephone conference Terry Long, PACA Trustee, regarding uncashed 195.00/hr checks in his possession payable to ZM Fresh, and discussion of possible other methods of funding the receivership.

Administration

1 JVC General Administration 2.10 409.50

Consideration and formulation of terms of offer to purchase Facility, 195.00/hr including over bid procedures. Construct probable time line to close sale. Consideration of Critchley request to lease the Facility prior to close of escrow.

1 AEH General Administration 0.30 25.50

Contact P G & E regarding power at facility. Request rate and demand 85.00/hr charge iniformation.

Administration

JVC General Administration 0.20 39.00

Office conference Anne Honeycutt regarding insurance coverage and 195.00/hr placement for public liability and property damage and cost of same.

Administration

JVC General Administration 0.10 19.50

Telephone conference Scott Critchley, prospective buyer, regarding 195.00/hr meeting ...


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