Legal Opinion

Spada Properties, Inc. v. Unified Grocers, Inc.

District Court, D. Oregon

Decided August 15, 2014No. Case No. 3:13-cv-01760-SIPublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

MICHAEL H. SIMON, District Judge.

Plaintiff Spada Properties, Inc., doing business as United Salad Co. (“USC”), brings this lawsuit against Defendant Unified Grocers, Inc. (“Unified”), alleging claims regarding the bankruptcy of a “Food 4 Less” grocery store to which both USC and Unified supplied groceries. USC asserts two claims: (1) violation of the Perishable Agricultural Commodities Act (“PACA”), 7 U.S.C. §§ 499b, 499e; and (2) money had and received. Unified raises ten affirmative defenses: (1) waiver; (2) statute of limitations; (3) laches; (4) failure to state a claim;…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Auer v. RobbinsSupreme Court of the United States · 1997
  5. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985

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3Cited by5 opinions

  1. Spada Properties, Inc. v. Unified Grocers, Inc.District Court, D. Oregon · 2015
  2. Betsy Goren, on behalf of the Estate of Marjorie Goren v. SMA Hub, Inc.; Hub Business Trust; NV Partners, LLC; Jonathan Walker; and Northwest BankDistrict Court, D. Oregon · 2025
  3. Freshko Produce Services, Inc. v. ILA Products, Inc.District Court, E.D. California · 2021
  4. Great Lakes Packers, Inc. v. PK ProduceDistrict Court, N.D. Ohio · 2020
  5. Meuers Law Firm v. Reasor'sCourt of Appeals for the Tenth Circuit · 2019

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