In the United States District Court for the Northern District of Illinois, Eastern Division, a lawsuit has been filed by Anthony Marano Company and Market Cuts, LLC against Dom's Market, LLC, Dom's Market Holdco, Inc., Foxtrot Retail, Inc., Foxtrot Ventures, Inc., Outfox Hospitality LLC, Jay L. Owen Jr., Robert A. Mariano, Donald G. Fitzgerald and Robert W. Twyman. The case is identified as 1:24-cv-03472 and was filed on April 30th, 2024.
The plaintiffs Anthony Marano Company and Market Cuts are both engaged in the business of buying and selling wholesale quantities of fresh fruits and vegetables in interstate commerce. They have filed this lawsuit against defendants who include several corporations involved in operating grocery markets and convenience stores along with individual defendants residing in different states including Illinois and Florida.
The plaintiffs allege that the defendants transact business in the district where the case has been filed and have sufficient minimum contacts such that this proceeding does not offend traditional notions of fair play and justice. The lawsuit seeks to enforce payment from Produce Trust under Section 5(c)(5) of the Perishable Agricultural Commodities Act (PACA) and 28 U.S.C. § 1331.