LAW OFFICES RYNN & JANOWSKY, LLP P.O. BOX 20799 OAKLAND, CALIFORNIA 94620 (510) 705-8894 FAX (510) 705-8737
Date: October 27, 2011 15 Time: 10:00 a.m. Place: Ctrm. B, 15th Floor San Francisco CASE MANAGEMENT CONFERENCE STATEMENT & REQUEST TO CONTINUE STATUS & REQUEST FOR CONTINUANCE
1. Current Status -- Defendants Not Yet Served: On July 19, 2011, Plaintiffs filed their complaint in this matter. On September 13, 2011, Plaintiffs filed an amended complaint, which added a new Plaintiff, Coosemans San Francisco, 8 Inc. 9
Plaintiffs counsel has had difficulty locating addresses for service of the Complaint on 10 the four Defendants; however, we believe that we now have good addresses for service on all of 11 the Defendants, and the First Amended Complaint and associated documents have been sent out LAW OFFICES RYNN & JANOWSKY, LLP P.O. BOX 20799 (510) 705-8894 OAKLAND, CALIFORNIA 94620 12 FAX (510) 705-8737 for service. We expect that all Defendants will be served by next week, if they have not already 13 been served. 14
2. Request for Continuance:
Because Defendants have not yet been served, but Plaintiffs are in the process of serving 16 them, Plaintiffs respectfully request that the Case Management Conference be continued for 60 17 days to allow Plaintiffs to serve Defendants and so that Defendants can participate in the CMC. 18
1. Jurisdiction and Service. This Court has jurisdiction pursuant to the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e(c)(5), and 28 U.S.C. § 1331. As 22 noted above, Defendants have not yet been served, because Plaintiffs have not had good 23 addresses for service. After an investigation, however, Plaintiffs now have what they believe are 24 good service addresses, and the First Amended Complaint is out for service on all Defendants.
Plaintiffs, all of whom are licensed by the United States Department of Agriculture as 3 dealers of perishable agricultural commodities, sold and shipped fresh produce to Bob Sbragia 4 dba Bob's Produce Inc. ("Bob's Produce"), which accepted the produce, but failed to pay the 5 total sum due of $269,030.85, plus interest and attorneys' fees, to Plaintiffs for the perishable 6 agricultural commodities. 7
Bob's Produce filed for Chapter 11 bankruptcy protection with the U.S. Bankruptcy Court, for the Northern District of California, on June 2, 2011, Case No. 11-32150-TEC, which 9 was converted to a Chapter 7 proceeding on July 12, 2011. On August 25, 2011, the Court 10 closed the case, after the Trustee reported that there was no property available for distribution.
Because of the automatic stay, this action has not been initiated and litigated against Bob's