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Jacobs Silver K Farms, Inc. v. Taylor Produce, LLC

United States District Court, D. Idaho

March 30, 2015

JACOBS SILVER K FARMS, INC., et al., Plaintiffs,
v.
TAYLOR PRODUCE, LLC, et al., Defendants. AND RELATED COUNTERCLAIMS, CROSSCLAIMS, AND THIRD-PARTY CLAIMS. SUNRISE POTATO, LLC, Plaintiff,
v.
TAYLOR PRODUCE, LLC, et al., Defendants. AND RELATED CROSSCLAIMS AND THIRDPARTY CLAIMS. GVO FARM SERVICES, INC., et al., Plaintiffs,
v.
TAYLOR PRODUCE, LLC, et al., Defendants

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For Jacobs Silver K Farms, Inc., Kirk M Jacobs, also known as Kirk Jacobs Farms, Plaintiffs, Counter Defendants: Charles A Homer, DeAnne Casperson, LEAD ATTORNEYS, HOLDEN KIDWELL HAHN & CRAPO, Idaho Falls, ID; Steven E Nurenberg, PRO HAC VICE, Meuers Law Firm, PL, Naples, FL.

For Reynolds Bros., LLP, Plaintiff, Counter Defendant: Steven E Nurenberg, Meuers Law Firm, PL, Naples, FL.

For Silver K Trucking, LLC, Plaintiff, ThirdParty Defendant, Cross Defendant: Steven E Nurenberg, LEAD ATTORNEY, Meuers Law Firm, PL, Naples, FL.

For Bank of Commerce, Plaintiff, Defendant, Cross Claimant, Cross Defendant, ThirdParty Defendant: Brian T Tucker, NELSON HALL PARRY TUCKER, PLLC, Idaho Falls, ID.

For Sunrise Potato LLC, Plaintiff, ThirdParty Defendant: Katy Koestner Esquivel, LEAD ATTORNEY, PRO HAC VICE, Esquivel Law, Chartered, Naples, FL; Steven W Boyce, LEAD ATTORNEY, Smith & Banks, PLLC, Idaho Falls, ID.

For GVO Farm Services, Inc., VO Enterprises, Plaintiffs, ThirdParty Defendants: Bart M Botta, LEAD ATTORNEY, Rynn & Janowsky, LLP, Newport Beach, CA; Joseph M Meier, LEAD ATTORNEY, COSHO HUMPHREY, LLP, Boise, ID.

For Taylor Produce LLC, a subsidiary of Alan Taylor Produce Inc, Alan Taylor Produce, Inc., Alan L. Taylor, Defendants: Robin D Dunn, LEAD ATTORNEY, Dunn Law Offices, PLLC, Rigby, ID; Steven Luke Dalling, LEAD ATTORNEY, Rexburg, ID.

For Idaho Potato Packers Corporation, Nonpareil Corporation, Nonpareil Farms, Inc., Nonpareil Processing Corporation, Nonpareil Dehydrated Potatoes, Inc., Defendants, Cross Claimants, Counter Claimants, Cross Defendants, ThirdParty Plaintiffs: Robert B Burns, LEAD ATTORNEY, Amy Allen Lombardo, Parsons Behle & Latimer, Boise, ID; Robin D Dunn, LEAD ATTORNEY, Dunn Law Offices, PLLC, Rigby, ID; Steven Luke Dalling, LEAD ATTORNEY, Rexburg, ID.

For Tamara Taylor, Defendant: Robin D Dunn, LEAD ATTORNEY, Dunn Law Offices, PLLC, Rigby, ID.

For Christopher T. Abend, Defendant, ThirdParty Plaintiff, ThirdParty Defendant: Robert B Burns, Parsons Behle & Latimer, Boise, ID.

For Randi Abend Phillips, Christopher T. Abend, Defendant, ThirdParty Plaintiff, ThirdParty Defendant, Cross Claimants: Robert B Burns, Parsons Behle & Latimer, Boise, ID.

For Taylor Produce LLC, a subsidiary of Alan Taylor Produce Inc, Defendant, Cross Defendant, Counter Defendant: Robin D Dunn, LEAD ATTORNEY, Dunn Law Offices, PLLC, Rigby, ID; Steven Luke Dalling, LEAD ATTORNEY, Rexburg, ID.

For Kirk M Jacobs, Jacobs Silver K Farms, Inc., Counter Defendants: Charles A Homer, DeAnne Casperson, LEAD ATTORNEYS, HOLDEN KIDWELL HAHN & CRAPO, Idaho Falls, ID; Steven E Nurenberg, Meuers Law Firm, PL, Naples, FL.

For Christopher T. Abend, Randi Abend Phillips, Cross Defendants: Robert B Burns, Parsons Behle & Latimer, Boise, ID.

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MEMORANDUM DECISION AND ORDER

Honorable Edward J. Lodge, United States District Judge.

Before the Court in the above-entitled matter are the Third-Party Defendant's Motion to Dismiss the Third-Party Complaint and Motion to the Dismiss Amended Third-Party Complaint. The parties have filed their responsive briefing and the matter is ripe for the Court's consideration. Having fully reviewed the record herein, the Court finds that the facts and legal arguments are adequately presented in the briefs and record. Accordingly, in the interest of avoiding further delay, and because the Court conclusively finds that the decisional process would not be significantly aided by oral argument, the Motions shall be decided on the record before this Court without oral argument.

FACTUAL AND PROCEDURAL BACKGROUND

This case arises under the Perishable Agricultural Commodities Act of 1930 (" PACA" ). Plaintiffs, Jacobs Silver K Farms, Inc., Kirk M. Jacobs, a/k/a Kirk Jacobs Farms, and Reynolds Brothers, LLP (collectively " Plaintiffs" ), are wholesale sellers of perishable agricultural commodities in Rexburg, Idaho. (Dkt. 23.) In October and November of 2013, Plaintiffs entered into contracts to ship certain produce to Defendant Taylor Produce, LLC in the total amount of $1,539,077.35. (Dkt. 23 at ¶ 8.) Defendant Taylor Produce, a commission merchant, dealer, or broker subject to PACA, accepted delivery of the produce allegedly making it a statutory trustee of a PACA trust held for the benefit of Plaintiffs in the amount of the contracts. Ultimately, Taylor Produce failed to pay Plaintiffs for the produce it received. As a result, Plaintiffs initiated this action against Taylor Produce, Alan Taylor Produce, and Alan L. Taylor, (collectively the " Taylor Defendants" ) for relief as provided for under PACA as well as breach of contract, breach of fiduciary duty to PACA trust beneficiaries, and conversion/unlawful retention of PACA trust assets. (Dkt. 1, 23.)[1]

Plaintiffs further allege claims for conversion, unlawful retention, and alter ego of PACA trust assets against the other named Defendants: Idaho Potato Packers Corporation, Nonpareil Corporation, Nonpareil Farms Incorporated, Nonpareil Processing Corporation, and Nonpareil Dehydrated Potatoes Incorporated (collectively " IPP-Nonpareil" ). (Dkt. 23.) These claims allege the produce received by Defendant

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Taylor Produce were PACA trust assets that were transferred to IPP-Nonpareil by Taylor Produce in breach of the PACA trust. As a result, IPP-Nonpareil was required to hold those assets in trust for the benefit of the Plaintiffs who were the PACA trust beneficiaries.

IPP-Nonpareil have filed a Third-Party Complaint and an Amended Third-Party Complaint alleging a third-party claim against, as relevant to this Motion to Dismiss, Silver K Trucking, LLC (" Silver K Trucking" ). (Dkt. 35, 52.)[2] This third-party claim alleges that if IPP-Nonpareil are found to be liable for the claims brought against them by Plaintiffs, then IPP-Nonpareil are in turn entitled to subrogation/contribution recovery from Silver K Trucking because it too received PACA trust assets directly or indirectly from Taylor Produce with notice or knowledge that receipt of such assets was in breach of the PACA trust by Taylor ...


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