Fresh Kist Produce v. Choi Corporation, et al

District of Columbia, dcd-1:2001-cv-01834

ORDER granting in part and denying in part 94 Motion to disburse PACA trust assets. Signed by Magistrate Judge John M. Facciola on 3/3/05.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FRESH KIST PRODUCE, L.L.C., Plaintiff, v. Civil Action No. 01-1834 (JMF) CHOI CORPORATION, INC. d/b/a WASHINGTON WHOLESALE PRODUCE COMPANY et al., Defendants. ORDER Pursuant to the accompanying Memorandum Opinion, it is, hereby, ORDERED that plaintiff's Motion to Disburse PACA Trust Assets in One of Three (3) Alternate Ways and for Reimbursement of Plaintiff's Fees and Costs from the Common Fund [#94] is GRANTED in part and DENIED in part. It is further, hereby, ORDERED that, within ten days of the date of this Order, Fresh Kist file a praecipe indicating the date or dates upon which final payments were received. At that point, the court will calculate the appropriate pre-judgment interest. Once the amount of pre-judgment interest has been calculated, that amount will be added to the $70,946.40 already in the trust. Then, 20% of that total will be awarded directly to Fresh Kist's attorneys. The remaining 80% will then be distributed on a pro-rata basis to the thirteen companies that filed valid proofs of claim. SO ORDERED. __________________________________________ JOHN M. FACCIOLA Date: UNITED STATES MAGISTRATE JUDGE