Court documents confirmed the imminent closure of San Antonio-based Delta Produce LP and its associated company Superior Tomato-Avocado Ltd.
A federal judge also granted the plaintiff’s request for a temporary restraining order and consolidated the case to Austin, Texas, courts to move forward with Perishable Agricultural Commodity Act claims procedures.
U.S. District Judge Xavier Rodriguez issued the order Dec. 30, giving the defendants, Delta Produce LP, Superior Tomato-Avocado Ltd. and Delta Produce president Walter Scott Jensen three business days to deposit funds to cover claims.
The companies were allowed to continue selling the produce they had on hand, provided the assets were used to pay off the claims.
To date, PACA claims have been filed by:
- Willson Davis Co., San Antonio, for invoices between Oct. 24 and Dec. 23 totaling $481,058;
- Rio Bravo Produce Ltd. Co. LLC, Edinburg, Texas, for invoices between Oct. 24 and Dec. 27, totaling $71,191; and
- Muller Trading Co. Inc., Libertyville, Ill., for a Dec. 16 invoice for $24,573.
A hearing is set for Jan. 5, and, according to court documents, more claims are expected.
Calls to Delta Produce and Superior Tomato were not returned.