Continental Food Group, LLC v. P.J. Produce, Inc.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

At issue before the Court is whether contract terms that provide for the collection of attorney’s fees and costs can be enforced in an action brought under the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §§ 499a-499s, where the statutorily-created PACA trust, even absent claims for attorney’s fees and costs, does not contain sufficient funds to pay the full amount of claims against it. Given PACA’s unambiguous plain meaning, this Court agrees with intervenor plaintiff De-Bruyn Produce Company (“DeBruyn”) and therefore orders…