Belleza Fruit, Inc. v. Suffolk Banana Co., CV-12-3033, 2012 U.S. Dist. LEXIS 93117 (E.D. N.Y. Jul. 5, 2012)

(Perishable Agricultural Commodities Acts (PACA) claim against banana distributing companies and the owner for unpaid invoices; plaintiff sought injunctive relief regarding unpaid amounts due to likelihood defendants may dissipate trust assets by paying employees and other ongoing bills; court held plaintiff had likelihood of success regarding claim against one defendant and owner due to PACA notifications; injunction granted, but court ordered half of amount held in escrow to allow defendant to continue operations rather than freezing accounts; court denied defendant’s motion to dismiss due to need for further evidence; court granted motion to dismiss plaintiff’s claim for unjust enrichment to extent recovery could be made based on contract claims, but denied for potential claims in which PACA may not apply due to plaintiff’s lack of licensing).