Carreteiro Alimentos, LTDA v. American Kadi Home Export, LLC et al, No. 2:2010cv00593 - Document 28 (C.D. Cal. 2010)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge John F. Walter: IT IS ORDERED, ADJUDGED and DECREED that: Plaintiff shall have and recover from and against American Kadi the sum of $907,200.00 in damages, plus prejudgment interest pursuant to S ection 3289 of the California Civil Code at a rate of (10%) per annum and post-judgment interest on the entire amount of the judgment, including damages and prejudgment interest, pursuant to Title 28, Section 1961 of the United States Code. Plai ntiff shall recover its costs incurred in this action pursuant to Section 54(d)(1) of the FRCP pursuant to Local Rule 54-3. IT IS ORDERED, ADJUDGED and DECREED that American Kadi and Joseph Hafez, and each and all of their, past and present officers, directors, successors, assigns, parents, subsidiaries, affiliates, related companies, predecessors-in-interest, agents, employees, attorneys, accountants, investigators, consultants, heirs, servants, associates, representatives, beneficiaries, relat ives, independent contractors, and all other persons or entities acting or purporting to act for them or on their behalf, including but not limited to any corporation, partnership, proprietorship or entity of any type that is in any way affiliated or associated with American Kadi and/or Joseph Hafez, or their past and present officers, directors, successors, assigns, parents, subsidiaries, affiliates, related companies, predecessors-in-interest, agents, employees, attorneys, accountants, investi gators, consultants, heirs, servants, associates, representatives, beneficiaries, relatives, independent contractors, and any and all persons and entities in active concert and participation with American Kadi and/or Joseph Hafez who receive notice of this order, shall be and hereby are PERMANENTLY RESTRAINED AND ENJOINED. Related to: MOTION for Default Judgment against Defendants American Kadi Home Export, LLC and Joseph Hafez 24 . (MD JS-6. Case Terminated). (jp)
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Carreteiro Alimentos, LTDA v. American Kadi Home Export, LLC et al 1 2 3 4 5 6 7 8 9 10 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 Locke Lord Bissell & Liddell LLP 11 Doc. 28 LOCKE LORD BISSELL & LIDDELL LLP Nina Huerta (SBN: 229070) nhuerta@lockelord.com 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 NOTE: CHANGES MADE BY THE COURT Telephone: 213.485.1500 Facsimile: 213.485.1200 JS-6 Jason L. Sanders (SBN: 230245) jsanders@lockelord.com 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Telephone: 214.740.8000 Facsimile: 214.740.8800 Attorneys for Plaintiff CARRETEIRO ALIMENTOS, LTDA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION CARRETEIRO ALIMENTOS, LTDA, a Brazilian Limited Liability Company, ) ) ) Plaintiff, ) vs. ) ) AMERICAN KADI HOME EXPORT, ) LLC, a California Limited Liability ) Company; JOSEPH HAFEZ, an Individual, ) ) Defendants. ) ) ) ) ) CASE NO. CV10-00593 JFW (FMOx) Honorable John F. Walter FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANTS AMERICAN KADI HOME EXPORT, LLC AND JOSEPH HAFEZ DATE: September 13, 2010 TIME: 1:30 p.m. COURTROOM: 16 This matter is before the Court on Plaintiff Carreteiro Alimentos, LTDA's 26 ("Plaintiff") Motion for Default Judgment against Defendant American Kadi Home 27 Export, LLC ("American Kadi") and Defendant Joseph Hafez (collectively, 28 "Defendants") pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure. 1 [PROPOSED] FINAL JUDGMENT AND PERMANENT INJUNCTION Carreteiro Alimentos, LTDA v. American Home Kadi Export, LLC, et al. Case No. CV10-00593 JFW (FMOx) Dockets.Justia.com 1 2 The Court, having considered the Motion, and being fully advised, hereby orders as follows: 3 JURISDICTION AND SERVICE 4 IT IS ORDERED, ADJUDGED and DECREED that: 5 6 7 8 9 10 (a) This court has jurisdiction over all the parties and all of the claims set forth in the First Amended Complaint. (b) American Kadi was properly served pursuant to Rule 4(h) of the Federal Rules of Civil Procedure. (c) Joseph Hafez was properly served pursuant to Rule 4(e) of the Federal Rules of Civil Procedure. 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 Locke Lord Bissell & Liddell LLP 11 DAMAGES 12 IT IS ORDERED, ADJUDGED and DECREED that Plaintiff shall have and 13 recover from and against American Kadi the sum of $907,200.00 in damages, plus 14 prejudgment interest pursuant to Section 3289 of the California Civil Code at a rate of 15 ten percent (10%) per annum and post-judgment interest on the entire amount of the 16 judgment, including damages and prejudgment interest, pursuant to Title 28, Section 17 1961 of the United States Code. 18 IT IS ORDERED, ADJUDGED and DECREED that Plaintiff shall recover 19 its costs incurred in this action pursuant to Section 54(d)(1) of the Federal Rules of 20 Civil Procedure pursuant to Local Rule 54-3. 21 DECLARATORY JUDGMENT 22 IT IS ORDERED, ADJUDGED and DECREED that Plaintiff is entitled to 23 declaratory relief on the claims set forth in the First Amended Complaint. 24 Accordingly, 25 IT IS ORDERED, ADJUDGED and DECREED that the Joint Venture 26 Agreement executed on July 31, 2009, and effective as of August 1, 2009, between 27 Plaintiff and American Kadi is hereby terminated, cancelled, and declared null and 28 2 FINAL JUDGMENT AND PERMANENT INJUNCTION Carreteiro Alimentos, LTDA v. American Home Kadi Export, LLC, et al. Case No. CV10-00593 JFW (FMOx) 1 void. (The Joint Venture Agreement is attached hereto and incorporated by reference 2 as Exhibit "A.") 3 IT IS ORDERED, ADJUDGED and DECREED that the Power of Attorney 4 that Plaintiff granted to Joseph Hafez on July 31, 2009, is hereby terminated, 5 cancelled, and declared null and void. (The Power of Attorney is attached hereto and 6 incorporated by reference as Exhibit "B.") authorized to unilaterally dissolve and cancel the Joint Venture Limited Liability 9 Company called "American Kadi-Carreteiro Group LLC" (California Secretary of 10 State File No. 200921910193). Plaintiff's President, Jair Camargos Zille, is hereby 11 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 IT IS ORDERED, ADJUDGED and DECREED that Plaintiff is hereby 8 Locke Lord Bissell & Liddell LLP 7 authorized to unilaterally cancel the Articles of Organization of American Kadi- 12 Carreteiro Group LLC. Specifically, Plaintiff's President, Jair Camargos Zille, is 13 hereby authorized to unilaterally file a Certificate of Dissolution (Form LLC-3), the 14 Certificate of Cancellation (Form LLC-4/7) and any other forms necessary to dissolve 15 and cancel American Kadi-Carreteiro Group LLC. (The Certificate of Dissolution 16 (Form LLC-3) and Certificate of Cancellation (Form LLC-4/7) are attached hereto and 17 incorporated by reference as Exhibits "C" and "D," respectively). 18 INJUNCTIVE RELIEF 19 IT IS ORDERED, ADJUDGED and DECREED that Plaintiff is entitled to 20 injunctive relief on the claims set forth in the First Amended Complaint. Accordingly, 21 IT IS ORDERED, ADJUDGED and DECREED that American Kadi's 22 following conduct constitutes unfair competition as defined by Section 17200 of the 23 California Business and Professions Code and has caused substantial and irreparable 24 harm to Plaintiff, and will continue to cause substantial and irreparable harm to 25 Plaintiff unless enjoined pursuant to Section 17203 of the California Business and 26 Professions Code: 27 28 (a) falsely representing to Plaintiff that it was in possession of 45,000 tons of No. 2 yellow grade corn to induce Plaintiff to enter into the Agreement; 3 FINAL JUDGMENT AND PERMANENT INJUNCTION Carreteiro Alimentos, LTDA v. American Home Kadi Export, LLC, et al. Case No. CV10-00593 JFW (FMOx) 1 (b) failing to return the money that Plaintiff tendered to American Kadi in 2 connection with the performance bond, after American Kadi failed to perform under 3 the terms of the Agreement; 4 5 6 (c) making false representations regarding the origin of the yellow corn, both orally and in writing; and (d) threatening to continue using the Joint Venture Agreement and Power of 7 Attorney, despite Plaintiff's express request to terminate the Joint Venture Agreement 8 and Power of Attorney. 9 IT IS ORDERED, ADJUDGED and DECREED that American Kadi's 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 following threat constitutes unfair competition as defined by Section 17200 of the 11 Locke Lord Bissell & Liddell LLP 10 California Business and Professions Code and has caused substantial and irreparable 12 harm to Plaintiff, and will continue to cause substantial and irreparable harm to 13 Plaintiff unless enjoined pursuant to Section 17203 of the California Business and 14 Professions Code: 15 the Joint Venture contract between us has NOT been cancelled yet on our side 16 and is still valid until August 2010. We do have Power of Attorney as mandated by 17 the terms of the contract and we are capable of doing extensive harm to Carreteiro. 18 IT IS ORDERED, ADJUDGED and DECREED that American Kadi and 19 Joseph Hafez, and each and all of their, past and present officers, directors, successors, 20 assigns, parents, subsidiaries, affiliates, related companies, predecessors-in-interest, 21 agents, employees, attorneys, accountants, investigators, consultants, heirs, servants, 22 associates, representatives, beneficiaries, relatives, independent contractors, and all 23 other persons or entities acting or purporting to act for them or on their behalf, 24 including but not limited to any corporation, partnership, proprietorship or entity of 25 any type that is in any way affiliated or associated with American Kadi and/or Joseph 26 Hafez, or their past and present officers, directors, successors, assigns, parents, 27 subsidiaries, affiliates, related companies, predecessors-in-interest, agents, employees, 28 attorneys, accountants, investigators, consultants, heirs, servants, associates, 4 FINAL JUDGMENT AND PERMANENT INJUNCTION Carreteiro Alimentos, LTDA v. American Home Kadi Export, LLC, et al. Case No. CV10-00593 JFW (FMOx) 1 representatives, beneficiaries, relatives, independent contractors, and any and all 2 persons and entities in active concert and participation with American Kadi and/or 3 Joseph Hafez who receive notice of this order, shall be and hereby are 4 PERMANENTLY RESTRAINED AND ENJOINED from: 5 6 7 8 9 10 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 Locke Lord Bissell & Liddell LLP 11 12 13 using, marketing, advertising, and/or promoting the Joint Venture Agreement and/or Power of Attorney in any conceivable way; soliciting, receiving, and/or accepting any business in connection with the Joint Venture Agreement and/or Power of Attorney; making false statements in connection with the Joint Venture Agreement and/or Power of Attorney; engaging in any conduct or activity in connection with and/or reliance on the Joint Venture Agreement and/or Power of Attorney; engaging in any unlawful, unfair or fraudulent business act or practice and 14 unfair, deceptive, untrue or misleading advertising pursuant to Section 17200 of the 15 California Business and Professions Code in connection with the Joint Venture 16 Agreement and/or Power of Attorney; 17 representing to any person or entity, expressly or by implication, that the Joint 18 Venture Agreement and/or Power of attorney has not been terminated, cancelled, and 19 declared null and void, or words of similar import; 20 misrepresenting to any person or entity, expressly or by implication, the 21 relationship between Plaintiff and American Kadi and/or Joseph Hafez in connection 22 with the Joint Venture Agreement and/or Power of Attorney; 23 24 25 using and/or acting through the Joint Venture or Power of Attorney in any respect; and representing to any person or entity, expressly or by implication, that Joseph 26 Hafez has a Power of Attorney to act on behalf of Plaintiff as its agent or attorney-in- 27 fact, with respect to: (i) banking and other financial institution transactions, (ii) 28 5 FINAL JUDGMENT AND PERMANENT INJUNCTION Carreteiro Alimentos, LTDA v. American Home Kadi Export, LLC, et al. Case No. CV10-00593 JFW (FMOx) 1 business operating transactions, (iii) insurance and annuity transactions; (iv) tax 2 matters; and (v) any other power set forth in the Power of Attorney. 3 This is the final, appealable judgment entered in this matter disposing of all 4 claims asserted by or against all parties, and all relief not expressly granted herein is 5 hereby denied. 6 The Court orders that such judgment be entered. 7 8 SIGNED this the 9th day of September, 2010. 9 10 300 South Grand Avenue, Suite 2600 Los Angeles, CA 90071 Locke Lord Bissell & Liddell LLP 11 _______________________________ Honorable John F. Walter United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 FINAL JUDGMENT AND PERMANENT INJUNCTION Carreteiro Alimentos, LTDA v. American Home Kadi Export, LLC, et al. Case No. CV10-00593 JFW (FMOx)
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