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Davalan Sales, Inc., A California Corporation; Davalan Sales, Inc, A v. F & F Business Management Services

February 9, 2012

DAVALAN SALES, INC., A CALIFORNIA CORPORATION; DAVALAN SALES, INC, A CALIFORNIA CORPORATION ALSO TRADING AS THE BANANA COMPANY; CHOUMAS PRODUCE CO., INC., A CALIFORNIA CORPORATION; PAOLA MC CITRUS CORP., A CALIFORNIA CORPORATION; PROGRESSIVE PRODUCE CORPORATION, A CALIFORNIA CORPORATION, PLAINTIFFS,
v.
F & F BUSINESS MANAGEMENT SERVICES, INC., A CORPORATION D/B/A F & F PRODUCE; FARSHAD HEDAYATI, AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Hon. John F. Walter Judge, U.S. District Court

CC: Fiscal

JS-6

ORDER APPROVING STIPULATION FOR ENTRY OF JUDGMENT AGAINST DEFENDANTS F & F BUSINESS MANAGEMENT SERVICES, INC., D/B/A F & F PRODUCE AND FARSHAD HEDAYATI; AND DISSOLVING TEMPORARY RESTRAINING ORDER

Having read and considered the Stipulation for Entry of Judgment submitted by Plaintiffs DAVALAN SALES, INC., a California corporation; DAVALAN SALES, INC, a California corporation also trading as THE BANANA COMPANY; CHOUMAS PRODUCE CO., INC., a California corporation; PAOLA MC CITRUS CORP., a California corporation; and PROGRESSIVE PRODUCE CORPORATION, a California corporation (collectively, "Plaintiffs") and Defendants F & F BUSINESS MANAGEMENT SERVICES, INC., a corporation d/b/a F & F PRODUCE and FARSHAD HEDAYATI, an individual, (collectively "Defendants"), and all other pleadings and papers on file herein, and good cause appearing therefor,

IT IS HEREBY ORDERED that the Stipulation for Entry of Judgment is approved in its entirety.

IT IS FURTHER ORDERED that the following facts are hereby adopted by this Court as Findings of Fact upon such terms and conditions as provided in the Stipulation.

1. Plaintiffs DSI and TBC are, and during all times mentioned herein have been, licensed by the U.S. Department of Agriculture ("USDA") under the Perishable Agricultural Commodities Act ("PACA") license no. 19840351, which identifies TBC as a trade name of DSI.

2. Plaintiff Choumas is and during all times mentioned herein was licensed by the USDA under PACA license no. 19197112.

3. Plaintiff Paola is, and during all times mentioned herein has been, licensed by the USDA under PACA License no. 20080542.

4. Plaintiff PPC is, and during all times mentioned herein has been, licensed by the USDA under PACA license no. 20040014.

5. Defendant F&F is and during all times mentioned herein was, a California corporation, having a principal business address of 2680 Bonnie Beach Pl., Vernon, California 90058.

6. Defendant F&F is and during all times mentioned herein has been licensed by the USDA under PACA license no. 20100569, which identifies Defendant FH as the principal of F&F.

7. Defendant FH is an individual who is and during all times mentioned herein was an officer, director, owner and/or shareholder of F&F and was in a position to control the trust assets under the Perishable Agricultural Commodities Act ("PACA") [7 U.S.C. §499e et.seq.] that are the subject of the above-captioned lawsuit.

8. During all times mentioned herein, F&F purchased and sold perishable agricultural commodities during a calendar year in aggregate quantities exceeding 2,000 pounds in weight in any day ...


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