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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MICHAEL CUTLER COMPANY,
Plaintiff,
CASE NO. 07CV151-LAB (LSP)
ORDER ON EX PARTE MOTION
FOR TEMPORARY
RESTRAINING ORDER
vs.
WILLIAMS AG COMMODITIES
BROKERAGE, INC.,
Defendant.
On January 24, 2007, Plaintiff filed its complaint seeking protection of proceeds from
sales of perishable agricultural commodities, under the Perishable Agricultural Commodities
Act (PACA), 7 U.S.C. § 499e. On January 26, 2007, Plaintiff filed an ex parte motion for a
temporary restraining order without notice to Defendant, supported by an attorney’s
certification and declaration. By an accompanying motion, Plaintiff also sought a preliminary
injunction.
Under Fed. R. Civ. P. 65(b),
A temporary restraining order may be granted without written or oral notice
to the adverse party or that party's attorney only if (1) it clearly appears
from specific facts shown by affidavit or by the verified complaint that
immediate and irreparable injury, loss, or damage will result to the
applicant before the adverse party or that party's attorney can be heard in
opposition, and (2) the applicant's attorney certifies to the court in writing
the efforts, if any, which have been made to give the notice and the
reasons supporting the claim that notice should not be required.
Case 3:07-cv-00151-IEG-RBB Document 11 Filed 01/29/2007 Page 1 of 3
Michael Cutler Company v. Williams AG Commodities Brokerage Inc et al
Doc. 11
Dockets.Justia.com
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The declaration explains that Plaintiff sold perishable agricultural commodities worth
$60,416.25, which Defendant accepted but for which Defendant has failed and refused to
pay. The declaration goes on to state that 21 days before, Clinton Williams, Defendant’s
principal, explained Defendant was having “severe cash flow problems and that he would try
to pay something on the bill within the n