Alphas Co., Inc. v. William H. Kopke, Jr., Inc.

William H. Kopke, Jr., Inc. (Kopke) brought an administrative proceeding pursuant to the Perishable Agricultural Commodities Act (PACA) against The Alphas Company, Inc. (Alphas), alleging that Alphas had accepted delivery of four truckloads of fruit without paying the appropriate purchase price. On December 7, 2011, the Secretary of Agriculture issued an order awarding Kopke $50,025 plus interest. On January 6, 2012, Alphas sought to appeal the reparation order by filing a petition and notice in the U.S. district court. In connection with its appeal, Alphas submitted, on January 12, 2012, a bond backdated to January 6, 2012 in an attempt to bring it within the time frame of 7 U.S.C. 499g(c). The district court granted Kopke's motion to dismiss, concluding that the district court lacked subject matter jurisdiction because Alphas had failed to comply with the PACA's bond requirements. The First Circuit Court of Appeals affirmed, holding that because Alphas did not file a proper bond within the prescribed period, the district court correctly ruled that it lacked subject matter jurisdiction to entertain an appeal of the reparation order. View "Alphas Co., Inc. v. William H. Kopke, Jr., Inc." on Justia Law