Sunday, May 30, 2021

Bread & Butter Didn't Pay For Produce So Defaults But No Attorney's Fees Under PACA

By Matthew Russell Lee, Patreon

BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, May 24 – Bread & Butter, and Soo Kim and Young Hong, were sued for refusing to pay for produce delivered to them. They never showed up. 

 On May 24, U.S. District Court for the Southern District of New York Judge John P. Cronan held a proceeding. Inner City Press covered it.  

 Judge Cronan agreed that a default judgment should be entered. But he had questions about the request for attorney's fees. They are not explicitly provided for under PACA. 

 Plaintiff's counsel ultimately agreed to withdraw that part of the request, and settle for costs.

The case is K & S Produce, Inc. v. SY 44 Food Corp et al., 20-cv-9663 (Cronan)

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