JUDICIAL:
Amerifresh Inc., Plaintiff, v. So Ono Food Prod. LLC, et al., Defendants. Additional Party Names: Fresh Foods Hawaii Inc., Mibo Fresh Foods LLC, Paul A. Janiak, Richard C. Wheeler, Uzor U. Nwoko, No. CV-19-01331-PHX-DJH, 2019 WL 3532156 (D. Ariz. Aug. 2, 2019)
This case arises from Defendants’ failure to pay outstanding invoices totaling $23,265.00 related to a series of transactions in which Plaintiff sold and shipped perishable food to the Defendants over a two-month period. Plaintiff Amerifresh, Inc. is a Delaware corporation with its principal place of business in Scottsdale, Arizona (“Plaintiff” or “Amerifresh”).
Plaintiff filed its original Complaint on February 26, 2019 against So Ono Food Products LLC, (“So Ono Food”); Mibo Fresh Foods LLC, (“Mibo Foods”); Fresh Foods Hawaii Inc. (“Fresh Foods”) (collectively as “Corporate Defendants”); Uzor U. Nwoko, an officer, director, shareholder, member, manager or insider of So Ono Food, Mibo Foods, and Fresh Foods (“Mr. Nwoko”); Paul A. Janiak, an officer, director, shareholder or insider of Mibo Foods (“Mr. Janiak”); and Richard C. Wheeler, an officer, director, shareholder or insider of So Ono Food (“Mr. Wheeler”) (Mr. Nwoko, Janiak, and Wheeler collectively as “Individual Defendants”).
Plaintiff asserts that Defendants violated the Perishable Agricultural Commodities Act of 1930 (“PACA”), 7 U.S.C. § 499a, because Defendants did not pay for the produce delivered to them. Plaintiff seeks enforcement of the trust provisions under PACA and alleges breach of contract against the Corporate Defendants (Doc. 1 at 4-5); unjust enrichment against all Defendants ; conversion against all Defendants; and breach of fiduciary duty against Mr. Nwoko, Janiak and Wheeler.
Despite being properly served with the Complaint, court summons, and all other related court pleadings, no Defendant has responded or otherwise appeared. Plaintiff filed an application for entry of default pursuant to Fed. R. Civ. P. 55(a). The Clerk entered default as to Defendants So Ono Food, Mibo Foods, Mr. Janiak, and Mr. Nwoko (“Defaulting Defendants”)1 on April 18, 2019 under Fed. R. Civ. P. 55(a)(1).
Plaintiff now moves the Court to enter default judgment pursuant to Fed. R. Civ.
P. 55(b)(2) against the Defaulting Defendants for the following amounts: (1) the sum certain in the cumulative amount of $23,265.00 for produce sold and delivered to Defendants which was not paid for; (2) pre-judgment finance charges per a written agreement with Defendants in the amount of $2,403.18 calculated at the rate of 1.5% per month (or 18% per annum) on unpaid principal sums from the date on which each payment obligation first became due through April 25, 2019; (3) attorneys’ fees and costs totaling $11,757.50; and (4) Post-judgment interest at the rate of 18% per annum.
BRIAN J. KELLY, Debtor-Appellant, v. PETER F. HERRELL, Tr.-Appellee., No. 18-2539, 2019 WL 3526377 (7th Cir. Aug. 2, 2019)Brian Kelly appeals an order approving the sale of his bankruptcy estate’s only asset—his family farm—subject to all liens and encumbrances, including his parents’ purported ownership interests. The court-appointed trustee for Kelly’s estate had originally asked the bankruptcy court to sell the property free and clear of those interests; therefore, Kelly contends, he received inadequate notice of the possibility of the ordered result, in violation of the Due Process Clause of the Fifth Amendment. The district court rejected this challenge, and the court affirms that judgment.
REGULATORY:
Notice and request for comments: Food Safety and Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to create a new information collection for permits to transport domestic undenatured inedible meat products. This is a new information collection with an estimated burden of 87 hours. Info HERE
Notice and request for comments: Food Safety and Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to create a new information collection for permits to transport domestic undenatured inedible meat products. This is a new information collection with an estimated burden of 87 hours. Info HERE
Notice: Animal and Plant Health Inspection Service, USDA; We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Westhoff Vertriebsgesellschaft mbH (Westhoff) seeking a determination of nonregulated status of petunias containing the A1 gene of maize (A1-DFR Petunias), which have been genetically engineered to add a new color (orange) and brilliance. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Westhoff petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. Info HERE
Notice: Animal and Plant Health Inspection Service, USDA; We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Pioneer Hi-Bred International, Inc. (Pioneer) seeking a determination of nonregulated status of a maize event designated as DP202216, which has been genetically engineered for enhanced grain yield potential and glufosinate-ammonium resistance. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Pioneer petition available for review and comment to help us identify potential environmental and interrelated
economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. Info HERE
Notice of collection and comments: Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, USDA.; In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of USDA Farm Service Agency’s (FSA) and Rural Development, henceforth collectively known as Rural Development, or individually as Housing and Community Programs, Business and Cooperative Programs, Utility Programs, to request an extension for a currently approved information collection in support of compliance with applicable acts for planning and performing construction and other development work. Info HERE
Proposed rule: Environmental Protection Agency (EPA); Under section 211 of the Clean Air Act, the Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards every year. This action proposes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that apply to gasoline and diesel transportation fuel produced or imported in the year 2020. Relying on statutory waiver authority that is available when the projected cellulosic biofuel production volume is less than the applicable volume specified in the statute, EPA is proposing volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel that are below the statutory volume targets. We are also proposing the applicable volume of biomass-based diesel for 2021. This action also proposes to address the remand of the 2016 standard-setting rulemaking, as well as several regulatory changes to the Renewable Fuel Standard (RFS) program including new pathways, flexibilities for regulated parties, and clarifications of existing regulations. Info HERE
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