Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

John The Greek Co., Inc. v. Eaternity LLC

United States District Court, E.D. New York

February 10, 2017

JOHN THE GREEK CO., INC., Plaintiff,
v.
EATERNITY LLC d/b/a LOCAL THYME and STEFAN HILDERBRANDT, Defendants.

          Kreinces & Rosenberg, P.C. Attorneys for the Plaintiff, By: Leonard Kreinces, Esq. Howard Rosenberg, Esq., Of Counsel

          The Shell Law Firm Attorneys for the Defendants, By: Martin A. Shell, Esq., Of Counsel SPATT, District Judge:

          ORDER DECISION & ORDER

          ARTHUR D. SPATT United States District Judge

         In this case, the Plaintiff John the Greek Co., Inc. (the “Plainitff”) alleges that the Defendant Eaternity LLC d/b/a Local Thyme (“Eaternity”) and its principal, the individual Defendant Stefan Hilderbrandt (“Hilderbrandt”), failed to pay for certain wholesale quantities of produce, in violation of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. § 499a et seq.

         Presently before the Court is a motion by the Plaintiff for summary judgment under Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 56.

         For the reasons that follow, the Plaintiff's motion is granted in part and denied in part.

         I. Background

         The Plaintiff is a resident corporation with a principal place of business in Port Washington, New York.

         Between July 17, 2014 and March 6, 2015, the Plaintiff sold to the corporate Defendant wholesale quantities of perishable agricultural commodities in the total amount of $73, 643.47. However, to date, Eaternity has not paid for these goods.

         On those facts, the Plaintiff seeks to enforce the provisions of PACA in order to recover from the Defendants the unpaid sum, together with statutory interest and attorneys' fees.

         Apparently, the reason for Eaternity's non-payment is the fact that it is currently in financial straits and on the verge of bankruptcy.

         Nevertheless, the Plaintiff contends that the individual Defendant Hilderbrandt is sufficiently connected with Eaternity to render him personally liable for the amounts owed. In this regard, the Plaintiff asserts that Hilderbrandt is the chief executive officer, director, and shareholder of the corporate Defendant. In this capacity, the Plaintiff asserts that Hilderbrandt signs checks on behalf of Eaternity and determines which of the company's creditors to pay. The Plaintiff asserts that Hilderbrandt is the sole person responsible for determining the conduct of the business and payment to creditors.

         In support of its motion, the Plaintiff submits a document entitled “Movant's Statement of Material Facts and Non-Movants' Counterstatement, ” dated June 15, 2016 (the “June 2016 Counterstatement”), in which the Defendants concede some of these facts.

         However, in opposition to the present motion, the Defendants submit a different document, entitled “Defendants' Counterstatement of Material Facts, ” which is dated October 6, 2016 (the “October 2016 Counterstatement”), and which ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.