Free Statement of Material Facts - District Court of Connecticut - Connecticut

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Case 3:02-cv-O19%0—PCD Document 24 Filed 1 1/1/O/2003 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT
| p FOR THE DISTRICT OF CONNECTICIEl;;jwd , ct 1
1 District 0fGcz1n¤c·.*1¤u¤
I FILE?.) AT NEW HAVEN 1
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1 STEPHEN E. GRAY, AS SIGNEE ; “°""‘1i¤$»m& . a.61v“FéZ"c1¤i·x *5 1
I WILLIAM DUBINSKY & SONS, INC, d/b/a By ( _ Q %O.f\B
DUBINSKY, MUSTO & PARMALEE, : Ilia.? I
Plaintiff : Civil No. 302CVOl950PCD E
v. :
CITY FRUIT & PRODUCE CO., LLC, etal., :
Defendants. :
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1 PLAINTIFF’S LOCAL RULE 9 gc) (11 STATEMENT
1 Plaintiff Stephen F. Gray, Assignee, William Dubinsky & Sons, Inc. d/b/a
Dubinsky, Musto & Parmalee, by and through counsel, and pursuant to Local Rule 9,
submits the following statement of material facts as to which there is no genuine issue:
1 l. Plaintiff was a corporation engaged in the business of buying and selling ’
wholesale quantities of perishable agricultural commodities in interstate commerce I
during the period of time at issue. See Affidavit of Stephen F. Gray, attached hereto as I
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1 Exhibit A.
2. Plaintiff sold and delivered to defendants in interstate commerce various
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1 wholesale lots of produce worth $36,137.18 of which $36,137.18 remains unpaid. Q; 1
R see Plaintiffs First Request for Admissions to Defendants, no. 3, attached hereto as
1 Exhibit B.
1 3. Defendants accepted said produce. Exhibit A; Exhibit B, Plaintiffs First
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.» Case 3:02-cv-O195\0-PCD Document 24 Filed 11/16)/2\OO3 Page 2 of 2 `
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l Request for Admissions to Defendants, no. 3. l
l 4. Plaintiff preserved its interests under the trust provisions of the PACA by I
l Sending invoices to defendants which contained the language required by 7 U.S.C. 1
l 499e(c)(4) and is presently owed $36, 137.18. Exhibit A; see Exhibit B, Plaintiff s First
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l Request for Admissions to Defendants, nos. 2 and 5. ` I
N ( 5. Defendant John Falcone was the sole officer and principal of City Fruit
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l responsible for its day-to-day operations, a signatory on City Fruit’s bank account(s), and `
l in a position to control the PACA trust assets belonging to plaintiff Exhibit B, Plaintiff s (
l I First Request for Admissions to Defendants, no. 7.; see also copy of defendant City R
Fruit’s PACA license attached hereto as Exhibit C.
l Respectfully submitted, (
BERDON, YOUNG & MARGOLIS, PC K
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Stu A. Margolis, #CT08803
Peter A. Berdon, #CT09573
132 Temple Street J
New Haven, CT 06510
(203) 773-3740
and
McCARRON & IESS
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Mary Je ' sett, #CT10925
l 4910M s ve.,NW#18
Washington, D.C. 20016
(202) 364-0400 E
Counsel for Plaintiff
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