Kings River Packing LP v. WKS AG Consultants Inc. et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Kings River Packing LP, Silver Canyon Sales, Inc., Mountain Fruit Sales Inc., and Kingsburg
Orchards (collectively, “Plaintiffs”) assert that they sold and shipped produce in interstate commerce to
Defendants WKS AG Consultants doing business as Top Shelf Produce Sales and William Slattery
(collectively, “Defendants”), which failed to pay for the produce. Plaintiffs seek to hold Defendants
liable for violations of the Perishable Agricultural Commodity Act, 7 U.S.C. § 499a et seq., federal
common law, and applicable state law. (See generally Doc. 20.)
Although Defendants were properly served with the summons, original complaint, and the
amended complaint (see Docs. 9, 10, 28, 29), they failed to respond to the operative complaint within
the time prescribed by the Federal Rules of Civil Procedure. Upon application of Plaintiffs, default was
entered against Defendants on May 12, 2025. (Docs. 31–32.) On September 10, 2025, Plaintiffs filed a
motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(2). (Doc. 36.) Defendants neither
KINGS RIVER PACKING LP, et al.,
Plaintiffs,
v.
WKS AG CONSULTANTS INC. doing
business as Top Shelf Produce Sales, et al.,
Defendants.
Case No.: 1:25-cv-00022 JLT SKO
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS GRANTING
PLAINTIFFS’ MOTION FOR DEFAULT
JUDGMENT WITH REDUCTION IN COSTS
(Docs. 36, 38)
Case 1:25-cv-00022-JLT-SKO Document 46 Filed 11/10/25 Page 1 of 3

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appeared nor opposed the motion.
On October 9, 2025, the assigned Magistrate Judge issued findings and recommendations, in
which she recommended that the Court grant the motion for default judgment with a reduction in the
costs requested by Plaintiffs. (Doc. 38 at 14–17.) The magistrate judge also recommended that (1)
judgment be entered against against Defendant WKS AG Consultants doing business as Top Shelf
Produce Sales on Count I of the First Amended Complaint; against Defendant William Slattery on
Count IV of the First Amended Complaint; and against Defendants WKS AG Consultants doing
business as Top Shelf Produce Sales and William Slattery, jointly and severally, on Count II of the First
Amended Complaint; (2) Plaintiff Kings River Packing LP be awarded the amount of $556,480.18,
comprising a principal balance in the amount of $425,680.35; $113,229.47 in prejudgment interest; and
$17,570.36 in attorney’s fees; (3) Plaintiff Silver Canyon Sales, Inc. be awarded the amount of
$158,279.93, comprising a principal balance of $138,557.45; and $19,722.48 in prejudgment interest;
(4) Plaintiff Mountain Fruit Sales Inc. be awarded the amount of $66,290.02, comprising a principal
balance of $59,006.95; and $7,283.07 in prejudgment interest; (5) Plaintiff Kingsburg Orchards be
awarded the amount of $232,231.85, comprising a principal balance of $185,906.50; $43,012.28 in
prejudgment interest; and $3,313.07 in attorney’s fees; (6) Plaintiffs be awarded post judgment interest
under 28 U.S.C. § 1961 and $1,702.05 in costs; and (7) Count III of the First Amended Complaint be
dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). (Doc. 38 at 16–17.)
The findings and recommendations contained notice that any objections were to be filed within
14 days after service. (See id. at 17.) More than 14 days have passed and no objections to the findings
and recommendations have been filed.
According to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d
452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewed
the matter, the Court finds the findings and recommendations are supported by the record and proper
analysis. Based upon the foregoing, the Court ORDERS:
1. The findings and recommendations filed October 9, 2025 (Doc. 38) are ADOPTED IN
FULL.
2. Plaintiffs’ motion for default judgment against Defendants WKS AG Consultants doing
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business as Top Shelf Produce Sales and William Slattery (Doc. 36) is GRANTED as to Counts I, II,
and IV of the First Amended Complaint.
3. The Clerk of Court shall enter JUDGMENT against Defendant WKS AG Consultants
doing business as Top Shelf Produce Sales on Count I of the First Amended Complaint; against
Defendant William Slattery on Count IV of the First Amended Complaint; and against Defendants
WKS AG Consultants doing business as Top Shelf Produce Sales and William Slattery, jointly and
severally, on Count II of the First Amended Complaint, in the following amounts:
a. To Plaintiff Kings River Packing LP: $556,480.18, comprising a principal
balance in the amount of $425,680.35; $113,229.47 in prejudgment interest; and
$17,570.36 in attorney’s fees;
b. To Plaintiff Silver Canyon Sales, Inc.: $158,279.93, comprising a principal
balance of $138,557.45; and $19,722.48 in prejudgment interest;
c. To Plaintiff Mountain Fruit Sales Inc.: $66,290.02, comprising a principal
balance of $59,006.95; and $7,283.07 in prejudgment interest;
d. To Plaintiff Kingsburg Orchards: $232,231.85, comprising a principal balance of
$185,906.50; $43,012.28 in prejudgment interest; and $3,313.07 in attorney’s
fees; and
e. To all Plaintiffs: Post judgment interest under 28 U.S.C. § 1961 and $1,702.05 in
costs.
4. Count III of the First Amended Complaint is DISMISSED without prejudice pursuant
to Fed. R. Civ. P. 41(a)(2); and
5. This matter shall remain OPEN and is referred back to the assigned magistrate judge
for further proceedings on the Intervening Plaintiff’s complaint against Defendants (Doc. 25).
IT IS SO ORDERED.
Dated: November 8, 2025
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